Shotwell ex rel. Markhan v. Wren
Missouri Court of Appeals
'Appeal from the Macon Circuit Oourt. — Hon. Nat M. Shelton, Judge. (1) A garnishee will not be allowed for attorney fees and expenses unnecessarily incurred by him, nor for such expenses incurred wdien he assumes an attitude adverse to plaintiff. Hansard v. Ins. Co., 62 Mo, App. 146-149; 8 Am. and Eng.
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'Appeal from the Macon Circuit Oourt. — Hon. Nat M. Shelton, Judge. (1) A garnishee will not be allowed for attorney fees and expenses unnecessarily incurred by him, nor for such expenses incurred wdien he assumes an attitude adverse to plaintiff. Hansard v. Ins. Co., 62 Mo, App. 146-149; 8 Am. and Eng. Ency. of Law, p. 1266; 2 Shinn on Attachment and Garnishment, sec. 698; Hanson v. Butler, 48 Me. 81; Moursund v. Piess, 84 Tex. 554; Rood on Garnishment, sec. 400. (2) The reason for allowing a garnishee for attorney fees and expenses incurred by him in a garnishment proceeding is that he is a…
1Opinion of the CourtEllison, J.
— In June, 1896, plaintiff obtained judgment in tbe circuit court of Linn county against tbe Marceline Opera House Co. and defendant Wren. One of tbe objects of the suit was to foreclose a mortgage on tbe opera bouse property. Tbe property was sold under tbe judgment leaving a balance of $2,300 due plaintiff. Tbe judgment was assigned to Harry Markham, who afterwards bad execution issued and directed to tbe sheriff of Jackson county. Tbe sheriff executed tbe writ by summoning Swofford Bros. Dry Goods Co. as garnishee. Tbe garnishee appeared and filed an answer to tbe interrogatories, stating…
2Cases cited1 opinion
- Hansard v. German InsuranceMissouri Court of Appeals · 1895
3Cited by1 opinion
- Physicians & Dentists Service Bureau, Inc. v. LeslieSupreme Court of Minnesota · 1936