Stevens v. Gwathmey
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The ansv/er of the garnishee is evidence in his favor, and is to be taken to be true until disproved. Davis vs. Knapp & Shea, 8 Mo.
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ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The ansv/er of the garnishee is evidence in his favor, and is to be taken to be true until disproved. Davis vs. Knapp & Shea, 8 Mo. Rep. 657. 2. Like an answer in chancery, that of a garnishee must be disproved by the testimony of two witnesses, or one witness and circumstances equivalent to the testimony of another. 2 Story’s Eq., 734-44. The witnesses in such case should testify to facts within their own knowledge tending to'disprove the answer, apart from the garnishee’s statements. 3. Statements made by the garnishee in…
1Opinion of the CourtMcBuide, J.
Gwathmey, Forbes and company, brought their action against F. C. Steinback, in the St. Louis circuit court, and garnisheed Robert Stevens as the debtor of said Steinback. On the 6th May, 1844 Stevens filed his answer to the interrogatories propounded to him, denying his indebtedness except for a small amount, and on the 10th of the same month the plaintiff’s filed their traverse to the answer. On the 14th March, 1845, neither party requiring a jury, the cause was submitted to the court, when the court found the answer to be untrue, and assessed the damages of the plaintiffs to the sum of…
2Cases cited1 opinion
- Meeker v. GardellaWashington Supreme Court · 1890
3Cited by6 opinions
- State v. CroninSupreme Court of Missouri · 1905
- Parsons v. RandolphMissouri Court of Appeals · 1886
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Johnson v. BedfordCourt of Appeals of Kansas · 1901
- Kurz v. TurleyMissouri Court of Appeals · 1893
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