Davis v. Staples
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The justice had’ no jurisdiction over the subject-matter of the action. (Gen, Stat. 1865, ch. 177, §§ 2, 3 ; Sess. Acts 1868, p. 59, §§ 1, 2; Gen. Stat. 1865, ch. 142, § 37; Doggett v. St. Louis Marine and Fire Ins. Co., 19 Mo. 201.) The judgment of the justice against the garnishee was void because it was rendered before the return day of the execution.
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Appeal from St. Louis Circuit Court. The justice had’ no jurisdiction over the subject-matter of the action. (Gen, Stat. 1865, ch. 177, §§ 2, 3 ; Sess. Acts 1868, p. 59, §§ 1, 2; Gen. Stat. 1865, ch. 142, § 37; Doggett v. St. Louis Marine and Fire Ins. Co., 19 Mo. 201.) The judgment of the justice against the garnishee was void because it was rendered before the return day of the execution. (Sanders v. Rains, 10 Mo. 770; Williams v. Bower, 26 Mo. 601.) ■ • I. No appeal lies where a temporary injunction has been granted and dismissed upon answer and motion, unless a final judgment is of…
1Opinion of the CourtCurrier, Judge
The plaintiff seeks to enjoin the enforcement of judgment rendered against him by a justice of the peace, on the ground of defect of jurisdiction in the justice, and because of supposed irregularities in the proceedings. It appears that the defendant, Staples, sued Charles and August Bollman before a justice, on a note of $282, on which some ninety dollars of interest had accumulated. Staples gained a judgment for $473.70 debt, which, with the costs, amounted to near $500. Execution was issued, and Davis, the present plaintiff, was summoned thereon as garnishee of the Bollmans.. Without…
2Cases cited2 opinions
- George v. TuttSupreme Court of Missouri · 1865
- Doggett v. St. Louis Marine & Fire InsuranceSupreme Court of Missouri · 1853
3Cited by3 opinions
- Burke v. MillerSupreme Court of Missouri · 1870
- Engler v. KnoblaughMissouri Court of Appeals · 1908
- Mott v. BernardMissouri Court of Appeals · 1902