Swallow v. Duncan
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. • The facts are sufficiently stated in the opinion of the court. I. Gregory’s garnishment was valid. It was not necessary for the constable, in garnishing the insurance company, to declare, at the time of summoning it, that he attached the debt in its hands that it was owing Martin. Section 467 Rev. Stat. 1879; Sections 2543-4->.5-6, and 3922, lb. II.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. • The facts are sufficiently stated in the opinion of the court. I. Gregory’s garnishment was valid. It was not necessary for the constable, in garnishing the insurance company, to declare, at the time of summoning it, that he attached the debt in its hands that it was owing Martin. Section 467 Rev. Stat. 1879; Sections 2543-4->.5-6, and 3922, lb. II. The officer’s return of. plaintiffs’ garnishment does hot show a service in conformity with law, either on the one to Audrain county, or that to St. Louis county, and hence no…
1Opinion of the Court
Opinion by
Philips, P. J.
This is a controversy between two garnishing creditors as to priority. The material facts, to a determination of the case, are as follows: The defendant, Gregory, sued one, Septimus Martin, by attachment in a justice’s court, and attempted to garnish the Springfield Fire and Marine Insurance Company, of Springfield, Massachusetts, as a debtor of said Martin. The constable’s return was as follows:
“ Executed the within writ in the county of Audrain and state of Missouri, on the 27th day of January, 1882, by reading the same to and within the presence and hearing of S.…
2Cases cited3 opinions
- McAllister v. Pennsylvania Insurance Co. of PittsburghSupreme Court of Missouri · 1859
- Brecht v. CorbyMissouri Court of Appeals · 1879
- Keane v. Bartholow, Lewis & Co.Missouri Court of Appeals · 1877
3Cited by9 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- State ex rel. Auto Finance Co. v. CollinsSupreme Court of Missouri · 1973
- Arnold v. Sedalia National BankMissouri Court of Appeals · 1903
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