Jackson v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) The court acquired no jurisdiction over the subject matter, and any judgment rendered by it against the garnishee was void. The statute required the sheriff to declare to the garnishee that he attached the money, chattels, etc., in its hands. R. S., sec. 419. The sheriff did not do so and having failed, the court was without authority to proceed.
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Appeal from Laclede Circuit Court. — Hon. Ben. Y. Alton, Judge. (1) The court acquired no jurisdiction over the subject matter, and any judgment rendered by it against the garnishee was void. The statute required the sheriff to declare to the garnishee that he attached the money, chattels, etc., in its hands. R. S., sec. 419. The sheriff did not do so and having failed, the court was without authority to proceed. Aforvell 0. Porter, 62 Mo. 309. Garnishment is in the nature of a proceeding in rem. Drake on Attachment, secs. 452, 453. And unless jurisdiction over the thing is obtained, a…
1Opinion of the CourtBlack, J.
The plaintiffs, Jackson and Jackson, recovered judgment in the Laclede circuit court against A. S. Knight, and under an execution issued thereon summoned the defendant, the St. Louis & San Francisco Railway Company, as garnishee. The company made answer to the interrogatories that it was not the debtor of Knight. Plaintiffs filed their denial, setting up facts, which, if true, made the company his debtor. To this the company replied by putting in issue the matters stated in the denial. After all these pleadings had been filed, the company by leave of the court filed a supplemental answer,…
2Cases cited4 opinions
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Danforth v. LoweSupreme Court of Missouri · 1873
- Dulle v. DeimlerSupreme Court of Missouri · 1859
- Bloss v. TackeSupreme Court of Missouri · 1875
3Cited by4 opinions
- State Ex Rel. Williams v. DauesSupreme Court of Missouri · 1933
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903
- Berberet v. BerberetSupreme Court of Missouri · 1897
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910