Legal Opinion

Ronan v. Dewes

Missouri Court of Appeals

Decided April 7, 1885PublishedCited by 1 opinion

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.

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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

  1. McPherson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
  2. Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
  3. Lackey v. LubkeSupreme Court of Missouri · 1865
  4. Royer v. FlemingSupreme Court of Missouri · 1874
  5. National Bank v. StaleyMissouri Court of Appeals · 1880

3Cited by1 opinion

  1. Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891

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