Miller v. Anderson
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Hon. E. C Devore, Special Judge. Statement of case by the court. This is a proceeding against Haskell and Anderson as garnishees of H. H. Byrne. They answered, denying all indebtedness, etc., at any time to Byrne, the principal defendant in the action.
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Appeal from Jasper Circuit Court, Hon. E. C Devore, Special Judge. Statement of case by the court. This is a proceeding against Haskell and Anderson as garnishees of H. H. Byrne. They answered, denying all indebtedness, etc., at any time to Byrne, the principal defendant in the action. The plaintiffs filed a pleading, controverting this answer, in which it is stated : “ That at the time of the services of the writ of garnishment upon defendants, they were partners and had a contract from the Missouri Pacific Railway Company for the construction of its road, south and west of Carthage,…
1Opinion of the CourtEllison, J.
It was manifest error in the court below to render final judgment against the garnishees until there had been á judicial ascertainment of the original defendant’s indebtedness to plaintiffs and it had been reduced to a final judgment. Rev. Stat., 1879, sect. 2531; Drake on Attachment, 460.
' The instruction asked by the garnishees should have been given and that given by the court should not have been. The facts proven do not amount to an estoppel. There is nothing to show that the position of plaintiffs was altered to their prejudice. Lewis v. Prenat, 24 Ind. 98 ; Drake on Attachment, sect.…
2Cases cited4 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Bray v. MarshallSupreme Court of Missouri · 1882
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Lewis v. PrenattIndiana Supreme Court · 1865
3Cited by14 opinions
- Trauerman v. LippincottMissouri Court of Appeals · 1890
- Hustad v. ReedMontana Supreme Court · 1958
- Gillen v. New York Life InsuranceMissouri Court of Appeals · 1913
- Osburn v. Court of HonorMissouri Court of Appeals · 1910
- Barnes v. HiltonMissouri Court of Appeals · 1959
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