Davis v. Williamson
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) The debt due from Thomas to plaintiff, which was collected under the garnishment, was not such property as the statute (R. S. 1889, sec. 4903) specifically exempts from execution to the head of a family, but becomes exempt only when claimed in lieu of specifically exempt property under the provisions of Revised Statutes, 1889, section 4906. And unless the plaintiff so selected and.claimed said debt as exempt…
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Appeal from the Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) The debt due from Thomas to plaintiff, which was collected under the garnishment, was not such property as the statute (R. S. 1889, sec. 4903) specifically exempts from execution to the head of a family, but becomes exempt only when claimed in lieu of specifically exempt property under the provisions of Revised Statutes, 1889, section 4906. And unless the plaintiff so selected and.claimed said debt as exempt to him as the head of a family, it was subject to the garnishment proceeding. Alt v. Bank, 9 Mo./App. 93 ; LLombs v.…
1Opinion of the CourtGill, J.
In November, 1893, Williamson, who is defendant in this suit, had a judgment against Davis, the above named plaintiff. On an execution issued thereon, the constable, by Williamson’s direction, served a notice of garnishment on one Thomas, who •appeared before the justice, admitted that he owed Davis $62.25, and to discharge himself Thomas paid that amount over to the constable, which was then applied to the payment of Williamson’s judgment. Subse*309quently Davis brought this action for damages against Williamson to recover the amount received by the latter from said garnishee Thomas — claiming…
2Cases cited5 opinions
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Homes v. CorbinMissouri Court of Appeals · 1886
- Finley v. BarkerSupreme Court of Missouri · 1892
- Stewart v. StewartMissouri Court of Appeals · 1896
3Cited by4 opinions
- In re WhiteDistrict Court, W.D. Missouri · 1901
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
- State ex rel. Woodrome v. FreemanMissouri Court of Appeals · 1913
- White v. WilsonMissouri Court of Appeals · 1904