Rolla State Bank v. Borgfeld
Missouri Court of Appeals
Appeal from Phelps Circuit Oourt. — Hon. L. B. Woodside, Judge. (1) There can be no interplea in case of a garnishment under execution. Wimer v. Pritchartt, 16 Mo. 252; Straus v. Eothan, 41 Mo. App. 610. The defendant in an execution can not interplead for property or money • garnished thereunder. He must make his claim to the officer serving the execution. E. S. 1899, sec. 3163; State ex rel. v. Barada, 57 Mo. 567; Link v. Troll, 84 Mo.
Read the full summary
Appeal from Phelps Circuit Oourt. — Hon. L. B. Woodside, Judge. (1) There can be no interplea in case of a garnishment under execution. Wimer v. Pritchartt, 16 Mo. 252; Straus v. Eothan, 41 Mo. App. 610. The defendant in an execution can not interplead for property or money • garnished thereunder. He must make his claim to the officer serving the execution. E. S. 1899, sec. 3163; State ex rel. v. Barada, 57 Mo. 567; Link v. Troll, 84 Mo. App. 56; State ex rel. v. O’Neill, 78 Mo. App. 20. (2) To permit the debtor to pursue a different course would open the doors to fraud on the creditor. The…
1Opinion of the CourtBarclay, J.
This is a garnishment proceeding founded on an execution on a judgment entered in September, 1899, in favor of the Rolla State Bank against Henry dormán and others, in the circuit court of Phelps county, Missouri. The execution was issued in November, 1899, returnable to the March term, 1900. It was duly “served” on de*66fendant Gorman, and a Mr. Borgfeld was summoned as garnishee. The answer of the garnishee admitted an indebtedness to the execution defendant upon a promissory note which (with interest) amounted to $215.10, at the time when the garnishee paid the money into court.
The execution…
2Cases cited6 opinions
- Aull v. DaySupreme Court of Missouri · 1896
- Ray v. StobbsSupreme Court of Missouri · 1859
- State ex rel. Codding v. FinnMissouri Court of Appeals · 1880
- Wagner v. J. H. North Furniture & Carpet Co.Missouri Court of Appeals · 1895
- Marchildon v. O'HaraMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Bucknam v. BucknamSupreme Court of Missouri · 1941
- Citizens State Bank of Nevada v. WalesMissouri Court of Appeals · 1971
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
- Nephler v. RowlandMissouri Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.