Roach v. Montserratt Coal Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Vm. S. Shirk, Judge. The statement in the justice’s docket that “ the plaintiff made proof of his cause of action,” does not mean that evidence was heard on the question whether the garnishee was indebted to Cooper, but that plaintiff introduced evidence to show that he had a judgment against Cooper which had never been satisfied.
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Appeal from Johnson Circuit Court. — Hon. Vm. S. Shirk, Judge. The statement in the justice’s docket that “ the plaintiff made proof of his cause of action,” does not mean that evidence was heard on the question whether the garnishee was indebted to Cooper, but that plaintiff introduced evidence to show that he had a judgment against Cooper which had never been satisfied. The garnishee’s affidavit filed in support of his motion for new trial, is explicit that no evidence was offered before the justice, showing that he was indebted to Cooper, and this is not controverted.
1Opinion of the Court
'Henry, J.
Roach & Co. obtained a judgment before a justice of the peace against Cooper on the 4th of May, *3991876, for $96.70, and on the 19th day of January, 1877, the Montserrat! Coal Co. was summoned as garnishee, to appear before said justice on the 25th of January, 1877. Failing to appear, a judgment was rendered against the garnishee for $96.70, and on the 8th day of February, 1877, said company filed its motion to set aside said judgment, which was overruled, and on the 21st of February following the company filed its petition to the circuit court of Johnson county for a rule on the…
2Cases cited1 opinion
- Brotherton v. AndersonSupreme Court of Missouri · 1840
3Cited by5 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Chenoweth v. La MasterMissouri Court of Appeals · 1961
- Graves v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885
- Mesker v. CornwellMissouri Court of Appeals · 1909