Coleman v. McAnulty
Supreme Court of Missouri
Error to St. Louis Circuit Court. The facts are sufficiently stated in the opinion of the court. I. The Circuit Court had no jurisdiction of the parties in the case of Boyd vs. Coleman, garnishee of Wooley. Coleman was alive, but Boyd being dead when execution was issued summoning Coleman as garnishee, was not before the court for any purpose. No judgment could have been rendered against Boyd.
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Error to St. Louis Circuit Court. The facts are sufficiently stated in the opinion of the court. I. The Circuit Court had no jurisdiction of the parties in the case of Boyd vs. Coleman, garnishee of Wooley. Coleman was alive, but Boyd being dead when execution was issued summoning Coleman as garnishee, was not before the court for any purpose. No judgment could have been rendered against Boyd. The court, then, was not possessed of the case, not having two parties before it, and all that was done was null and void. U. No question is made, but that if the judgment had been merely erroneous, the…
1Opinion of the CourtScott, Judge
The petition in this case stated, that the appellant, Samuel M. Coleman, was the legal representative of James Coleman, in respect to the undivided half of a tract of land, situated in St. Louis county. That a judgment was recovered by Jno. P. Boyd, in the St. Louis Circuit Court, against Abraham Wooley ; and James Coleman being summoned as a garnishee, a judgment against him, as a debtor of said Wooley, was entered at the suit of the said Boyd, who had departed this life at the time of the said garnishment. On the judgment against Coleman, an execution issued, by virtue of which, in March,…
2Cases cited3 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- M'Kinneys v. ScottCourt of Appeals of Kentucky · 1808
3Cited by22 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Claflin v. DunneIllinois Supreme Court · 1889
- Fithian v. MonksSupreme Court of Missouri · 1869
- Danforth v. DanforthIllinois Supreme Court · 1884
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
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