Peter Hauptman & Co. v. Richards
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. •Hochaday, Judge. (1) The motion in arrest should have been sustained. The justice court did not acquire jurisdiction, nor did the circuit court by the attempted appeal. Keane v. Bartholow, 4 Mo. App. 507. (2) The records on their face show that the plaintiff had not obtained any judgment against the defendant Richards. The judgment against the garnishee 'Whittle was manifestly erroneous.
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Appeal from the Boone Circuit Court. — Hon. John A. •Hochaday, Judge. (1) The motion in arrest should have been sustained. The justice court did not acquire jurisdiction, nor did the circuit court by the attempted appeal. Keane v. Bartholow, 4 Mo. App. 507. (2) The records on their face show that the plaintiff had not obtained any judgment against the defendant Richards. The judgment against the garnishee 'Whittle was manifestly erroneous. R. S. 1889, sec. 5232; Miller v. Anderson, 19 Mo. App. 71; Mercantile Co. v. Bet-ties, 58 Mo. App. 384. (1) If it was a fact that no service on the…
1Opinion of the CourtEllison, J.
— Thomas Whittle was summoned as garnishee of defendant Richards in a suit instituted by attachment before a justice of the peace. Richards was a nonresident of the county.’ There was no property attached, the only thing apparently in reach being a small stock of merchandise in Whittle’s possession but which plaintiff charged to belong to defendant Richards. Interrogatories were filed and answered by Whittle in which he stated that he had no money or property of defendant’s in his possession or control. Plaintiff denied the answer. Afterwards, the case on the garnishment came on for trial and…
2Cases cited2 opinions
- Miller v. AndersonMissouri Court of Appeals · 1885
- McCloon v. BeattieSupreme Court of Missouri · 1870
3Cited by5 opinions
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- Barnes v. HiltonMissouri Court of Appeals · 1959
- Hoffman & Coppersmith v. Mechanics-American National BankMissouri Court of Appeals · 1923