Hockaday v. Sallee
Supreme Court of Missouri
Error to Callaway Circuit Court. Hockaday obtained a judgment before a justice of the peace against Sandford Jamison in January, 1857, on a promissory note due in July, 1847. An execution issued and John Sallee was summoned as garnishee.
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Error to Callaway Circuit Court. Hockaday obtained a judgment before a justice of the peace against Sandford Jamison in January, 1857, on a promissory note due in July, 1847. An execution issued and John Sallee was summoned as garnishee. On the trial in the circuit court of the issues raised in this garnishment proceeding, it appeared that Sallee, the garnishee, had executed a note for $500 in favor of T. B. Harris, which note was assigned by Harris to Mrs. Jamison, the wife of the defendant in the execution. I. Only a debtor of the defendant in the execution is subject to garnishment on an…
1Opinion of the Court
Richardson, Judge,
delivered the opinion of the court..The questions to be considered, in this case are unaffected by the apt of March 5, 1849, for the benefit of married women, because the debt on which the judgment was rendered was incurred before the passage of the act. (Cunningham v. Gray, 20 Mo. 170; Tally v. Thompson, id. 277.)
The note executed by the garnishee and assigned to Mrs. Jamison during her coverture must be treated in all respects as if it had been made payable directly to her ; and in reference to the power of the husband over the wife’s dioses in action, it may be observed…
2Cases cited2 opinions
- Shuttlesworth v. NoyesMassachusetts Supreme Judicial Court · 1811
- Cunningham v. GraySupreme Court of Missouri · 1854
3Cited by2 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Meyers v. GaleSupreme Court of Missouri · 1870