Davis v. Knapp
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. No exception was taken at the time to the opinion of the court, in overruling the motion to dismiss, because the jury fee had not been paid, and the grounds upon which such motion was overruled has not been preserved; and if the Circuit Court erred in overruling said motion, and exceptions had been taken, the defendant should there have rested his case.— Revised Code, p.464, sec, 20; 7 Mo. Rep., 250, 285 ; 4 Mo.
Read the full summary
APPEAL from St. Louis Circuit Court. No exception was taken at the time to the opinion of the court, in overruling the motion to dismiss, because the jury fee had not been paid, and the grounds upon which such motion was overruled has not been preserved; and if the Circuit Court erred in overruling said motion, and exceptions had been taken, the defendant should there have rested his case.— Revised Code, p.464, sec, 20; 7 Mo. Rep., 250, 285 ; 4 Mo. Rep., 445; first part 8 Mo. Rep., 56; last part 8 Mo. Rep., 505. The evidence shows that defendant, Davis, was indebted to Fleming between the…
1Opinion of the CourtTompkins, J.
Knapp & Shea commenced an action before a justice of the peace of St. Louis county against John Fleming. Judgment was there obtained for sixty-one dollars, and execution was issued against him; but no property being found, John Davis was summoned as garnishee. Judgment was given for Knapp & Shea for seventy-five cents, against the garnishee, Davis. Knapp & Shea appealed to the Circuit Court, where they obtained judgment against Davis for the amount of their judgment first obtained against Fleming. From this judgmet of the Circuit Court, Davis appeals to this Court.
The answer of the garnishee,…
2Cited by6 opinions
- Smith v. HeideckerSupreme Court of Missouri · 1866
- Quarles & Thompson v. PorterSupreme Court of Missouri · 1848
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Black v. PaulSupreme Court of Missouri · 1846
- Smith v. Dunklin CountySupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.