Prewitt v. Brown
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. H. D. Wood, Judge. The court erred in rendering judgment for the defendant, instead of for the plaintiff. Johnson Brink-mau Co. v. Bank, 116 Mo. 558; Hall v. Railroad, 50 Mo. App. 179; Weil v. Posten, 77 Mo. 284; Toothaker v. Allen, 41 Me. 324; Haley v. Railroad, 80 Mo. 112; Railroad v. Crane, 102 Ill. 249; 3 Am. and Eng.
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Appeal from St. Louis City Circuit Court. — How. H. D. Wood, Judge. The court erred in rendering judgment for the defendant, instead of for the plaintiff. Johnson Brink-mau Co. v. Bank, 116 Mo. 558; Hall v. Railroad, 50 Mo. App. 179; Weil v. Posten, 77 Mo. 284; Toothaker v. Allen, 41 Me. 324; Haley v. Railroad, 80 Mo. 112; Railroad v. Crane, 102 Ill. 249; 3 Am. and Eng. Ency. of Law, p. 1104. (1) A garnishee,* can not, by reason of any process, he placed in a position different from that which he would have occupied had he been sued by the principal debtor. Funkhauser v. Evelynd, 3 Mo. App.…
1Opinion of the CourtGoode, J.
Plaintiff Prewitt obtained judgment in the circuit court of the city of St. Louis, October 16, 1900, against defendant Coquard for $3,140, and on November 25, 1901, had Brown garnished by an execution issued on said judgment. Brown was summoned to the February term, 1902, of the circuit court, at which term plaintiff filed interrogatories in the usual form.
The garnishee answered denying any indebtedness to Coquard and plaintiff filed a denial of the garnishee’s answer, in which he charged that the garnishee was indebted to Coquard in the sum of $3,500, averring that the indebtedness accrued…
2Cases cited6 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Arnholt v. HartwigSupreme Court of Missouri · 1881
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Getchell v. ChaseMassachusetts Supreme Judicial Court · 1878
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3Cited by7 opinions
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- American Agricultural Chemical Co. v. ScrimgerCourt of Appeals of Maryland · 1917
- Frickleton v. FultonMissouri Court of Appeals · 1981
- Hart v. O. L. Williams Veneer Co.Appellate Court of Illinois · 1936
- Michael Acri Boxing Promotions, Inc. v. MilesDistrict Court of Appeal of Florida · 2000
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