Brecht v. Corby
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Testimony as to which of two writings indorsed upon a writ is the officer’s return is admissible. —Freem. on Ex., sects. 353, 358, 366, and cases cited ; Gwynne on Sheriffs, 452 ; Dalton on Sheriffs, 188, 189. Property must be attached in the garnishee’s hands. — Nowell v. Porter, 62 Mo. 311; Keane v. Banicing House, 4 Mo. App. 507. An executor is not liable to garnishment prior to the order of distribution. — Wag.
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Appeal from St. Louis Circuit Court. Testimony as to which of two writings indorsed upon a writ is the officer’s return is admissible. —Freem. on Ex., sects. 353, 358, 366, and cases cited ; Gwynne on Sheriffs, 452 ; Dalton on Sheriffs, 188, 189. Property must be attached in the garnishee’s hands. — Nowell v. Porter, 62 Mo. 311; Keane v. Banicing House, 4 Mo. App. 507. An executor is not liable to garnishment prior to the order of distribution. — Wag. Stats. 664, sect. 3 ; Drake on Attach., sect. 494-497 ; Freem. on Ex., sect. 131. In garnishment, the action abates upon the garnishee’s death.…
1Opinion of the CourtBakewell, J.
Brecht recovered judgment before a justice against one Aldrich. Francis P. Corby was summoned as garnishee on execution. After an amended answer had been filed in the Circuit Court, Corby died, and the action was revived in the name of his executrix. On trial, a verdict was rendered that at the time of the garnishment Corby had in his hands property belonging to the defendant in the execution, worth $1,500; whereupon the court made an order that the executrix turn over the property described in the verdict to the sheriff; and the executrix failing to comply with the order, judgment was…
2Cases cited3 opinions
- Epstein v. SalorgneMissouri Court of Appeals · 1878
- Keane v. Bartholow, Lewis & Co.Missouri Court of Appeals · 1877
- State ex rel. Greely v. City of St. LouisSupreme Court of Missouri · 1877
3Cited by11 opinions
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Todd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- Connor v. PopeMissouri Court of Appeals · 1885
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