St. Louis Southwestern Railway Co. v. Vanderberg
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The facts as shown by the pleadings and the agreed statement are substantially as follows: The plaintiff, Vanderberg, and one J. R. Baker were citizens of Woodruff County, Arkansas. The plaintiff owed Baker a debt of $12.55. Baker assigned the debt to one H. J. Miller, a citizen of the State of Missouri.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The facts as shown by the pleadings and the agreed statement are substantially as follows: The plaintiff, Vanderberg, and one J. R. Baker were citizens of Woodruff County, Arkansas. The plaintiff owed Baker a debt of $12.55. Baker assigned the debt to one H. J. Miller, a citizen of the State of Missouri. The plaintiff at the time he contracted the debt was an employee of the defendant, which is a railway corporation, organized under the laws of the State of Missouri, and operated a line of road through the…
1Opinion of the CourtAVood, J.
(after stating the facts). The judgment against appellant under the above facts was erroneous.
First. It is contended by appellee that, inasmuch as Baker, the assignor, was not made a party to the suit by the assignee, Miller, against the appellee, Vanderberg, and the appellant as garnishee, the judgment rendered against appellant in that sum can not defeat appellee’s recovery in this suit. Section 598 of the Revised Statutes of Missouri provides: “The defendant may demur to the petition when it shall appear upon the face thereof that there is a defect of parties plaintiff or defendant.”…
2Cases cited10 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Supreme Court of Missouri · 1895
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Garrett v. WagnerSupreme Court of Missouri · 1894
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
- Equifax, Inc. v. LusterDistrict Court, E.D. Arkansas · 1978
- Foster v. Pollack CompanySupreme Court of Arkansas · 1927
- Tomlinson Chair Manufacturing Co. v. Jop-pa Mattress Co.Supreme Court of Arkansas · 1916
- Hartford Fire Insurance v. Citizens' BankSupreme Court of Arkansas · 1924
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