Bunker v. Hibler
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The creditor acquires such rights against the garnishee as the debtor possessed at the date of the garnishment. Weil v. Tyler, 38 Mo. 545; McPherson v. Baib'oad, 6 Mo. 103, loe. cit. 110-111; Fenton v. Bloch, Tyler £ Co., 10 Mo. App. 536, loe. cit. 539; Drake on Attachments [5 Ed.] sec. 452, and cases cited.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The creditor acquires such rights against the garnishee as the debtor possessed at the date of the garnishment. Weil v. Tyler, 38 Mo. 545; McPherson v. Baib'oad, 6 Mo. 103, loe. cit. 110-111; Fenton v. Bloch, Tyler £ Co., 10 Mo. App. 536, loe. cit. 539; Drake on Attachments [5 Ed.] sec. 452, and cases cited. “The issue or issues [speaking of garnishment] shall be tried as ordinary issues between plaintiff and defendant.” R. S., sec. 5234. The plaintiff must prove the indebtedness in the same manner as the defendant would be…
1Opinion of the CourtThompson, J.
The principal question for decision on this record relates to the burden of proof in pro-( ceedings by garnishment. The plaintiffs, who were partners, brought a suit by attachment against George Greene and John A. Dygert to recover the sum of $1,393.06. They were successful in the attachment suit. Their attachment was levied by garnishment upon the goods and chattels, rights and credits of the defendant in the hands of J. J. Hibler, and Hibler was summoned as garnishee. Hibler appeared and answered interrogatories exhibited to him, which answer was to the effect that, at the date of the…
2Cases cited16 opinions
- State v. FlyeSupreme Judicial Court of Maine · 1846
- Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
- Tarbox v. Eastern Steamboat Co.Supreme Judicial Court of Maine · 1861
- Feurt v. AmbroseMissouri Court of Appeals · 1889
- Reinhart v. Empire Soap Co.Missouri Court of Appeals · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Link v. JacksonMissouri Court of Appeals · 1911
- Haxton v. Gilsonite Construction Co.Missouri Court of Appeals · 1908
- Hax v. Acme Cement Plaster Co.Missouri Court of Appeals · 1900
- Knoche v. WhitemanMissouri Court of Appeals · 1901
- Holten-Warren Lumber Co. v. MillerMissouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.