Ronan v. Dewes
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. Garnishment “can not subject one to a recovery where the defendant in attachment could not recover.” — McPherson v. Railroad Co., 66 Mo. 103; National Bank v. Staley, 9 Mo. App. 146. Credits are not subject to garnishment if encumbered with a trust. — Lackland v. Oaresche, 56 Mo. 267; Fenton v. Block, 10 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, Horner, J. Garnishment “can not subject one to a recovery where the defendant in attachment could not recover.” — McPherson v. Railroad Co., 66 Mo. 103; National Bank v. Staley, 9 Mo. App. 146. Credits are not subject to garnishment if encumbered with a trust. — Lackland v. Oaresche, 56 Mo. 267; Fenton v. Block, 10 Mo. App. 538. The rights of the garnishing creditor are determined by the condition of things existing at the time of the service. — National Bank v. Staley, 9 Mo. App. 146; Funkhouser v. Fveland, 3 Mo. App. 602; McPherson v. A. &P. R. R.,…
1Opinion of the CourtRombauer, J.
This is a proceding of garnishment upon a writ of attachment. Interrogatories were filed against the garnishee, Dewes, who answered denying all indebtedness to the defendant in the attachment. There was a denial of the answer charging the garnishee with the possession of goods of thé defendant to the amount of $1,000.00, credits of the defendant to the amount of $1,000.00, and an indebtedness due to defendant of $2,000.00, and concluding with a prayer of judgment. The denial was controverted in general terms by reply.
Prior to the trial of the issues in the garnishment proceeding, the…
2Cases cited5 opinions
- McPherson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
- Lackey v. LubkeSupreme Court of Missouri · 1865
- Royer v. FlemingSupreme Court of Missouri · 1874
- National Bank v. StaleyMissouri Court of Appeals · 1880
3Cited by1 opinion
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891