State ex rel. Board of Regents of Southwest Missouri State University v. Bonacker

I respectfully dissent. The majority holds that a garnishment is the “kind of independent proceeding which does in fact adjudicate rights of individuals, irrespective of and not conditioned upon what was provided in the original decree.” (Emphasis added). I believe the above holding is inconsistent with prior decisions of the Supreme Court, as well as other courts of this state.

Our Supreme Court has repeatedly held that a garnishment proceeding is “purely ancillary” and “incidental” to the main suit. Dunn v. Bemor Petroleum, 737 S.W.2d 187, 189 (Mo. banc 1987); State ex rel. Eagle Bank &…