Gregg v. Farmers & Merchants' Bank of Hannibal
Supreme Court of Missouri
it. Appeal from Hannibal Court of Common Pleas.-Hon. Theo. Brace, Judge. The pleadings forming the issue in garnishment are a part of the record. Union v. Dillon, 75 Mo. 380; Brake on Attachment, (1 Ed.) § 658 a. The instruction asked by appellant properly declared tbe law to be that tbe defendant could have tbe depositor impleaded as a party.
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it. Appeal from Hannibal Court of Common Pleas.-Hon. Theo. Brace, Judge. The pleadings forming the issue in garnishment are a part of the record. Union v. Dillon, 75 Mo. 380; Brake on Attachment, (1 Ed.) § 658 a. The instruction asked by appellant properly declared tbe law to be that tbe defendant could have tbe depositor impleaded as a party. R. S. 1879, § 254; Wimer v. Pritchett, 16 Mo. 252; Cohen v. St. Louis, etc., 11 Mo. 374. The deposit account in tbe name of “¶. W. Walker, Supt.,” was of itself notice tbat tbe depositor was an agent depositing bis principals money, (Bridgman v. Gill,…
1Opinion of the CourtHenry, J.
On the 15th day of November, 1880, the sheriff of Marion comity, by virtue of an execution in favor of plaintiff against the defendant railroad company, issued from the Hannibal court of common pleas, served a garnishment on the defendant bank. To interrogatories filed, the bank made the following answer:
“ The Farmers & Merchants’ Bank of Hannibal, Missouri, garnishee in the above entitled cause, now comes by its president, and in answer to the interrogatories filed herein by the plaintiff, says that at the time it was summoned herein, it was not, nor since has it become indebted in any way…
2Cases cited3 opinions
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- McPherson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
3Cited by6 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Hilke v. Bank of WashingtonMissouri Court of Appeals · 1952
- Maury v. Toledo Logging Co.Washington Supreme Court · 1931
- Rock Island Lumber & Manufacturing Co. v. Fourth National BankSupreme Court of Kansas · 1901
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