Bambrick v. Bambrick Bros. Construction Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lío». Jesse A. McDonald, Judge. (1) The garnishee should have been discharged after its motion to strike out parts of plaintiff’s denial of garnishee’s answer had been sustained and plaintiff refused to'plead further. R. S. 1899, sec. 621; Mumford v. Keet, 154 Mo. 36, 71 Mo.
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Appeal from St. Louis City Circuit Court. — lío». Jesse A. McDonald, Judge. (1) The garnishee should have been discharged after its motion to strike out parts of plaintiff’s denial of garnishee’s answer had been sustained and plaintiff refused to'plead further. R. S. 1899, sec. 621; Mumford v. Keet, 154 Mo. 36, 71 Mo. App. 535; MacAdam v. Scudder, 127 Mo. 345. (2) .The decision of the trial court and judgment thereunder violates article 1, section 10, of the Federal Constitution, because it impairs the obligation of the contract between John Bambrick and appellant. Constitution of Missouri,…
1Opinion of the CourtNixon, P. J.
This was a proceeding on an execution in favor of Malinda Bambrick and against John Bambrick issued from the circuit court of the city of St. Louis returnable to the October term, 1906. On the return of the execution, on October 2, 1906, plaintiff .filed certain interrogatories. On October 8,1906, Bambrick Brothers Construction Company, a corporation, filed its answer, as garnishee, to plaintiff’s interrogatories in which it was stated that the garnishee paid the defendant, John Bambrick, at the rate of seventy-five dollars per month for all services rendered by him to said garnishee, and…
2Cases cited11 opinions
- Holker v. HennesseySupreme Court of Missouri · 1897
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
- Thomas v. GibbonsSupreme Court of Iowa · 1883
- Reinhart v. Empire Soap Co.Missouri Court of Appeals · 1888
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3Cited by15 opinions
- Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- Ralston Purina Co. v. KingMissouri Court of Appeals · 1937
- Frieze v. PowellWashington Supreme Court · 1914
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- Sinnamon v. MooreMissouri Court of Appeals · 1912
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