McDonnell v. Nash-Smith Tea & Coffee Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuilUn, Judge. (1) The plaintiff did'not' claim in her answer that there was any money due to the defendant by reason of the promise or agreement of the garnishee to pay defendant in advance; and the declaration of law given by the court was therefore outside the issues in the case and has no legal basis to support it. Davis v. Knapp & Shea, 8 Mo. 657; Reinart v. Soap Co., 33 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuilUn, Judge. (1) The plaintiff did'not' claim in her answer that there was any money due to the defendant by reason of the promise or agreement of the garnishee to pay defendant in advance; and the declaration of law given by the court was therefore outside the issues in the case and has no legal basis to support it. Davis v. Knapp & Shea, 8 Mo. 657; Reinart v. Soap Co., 33 Mo. App. 27. (2) The garnishee paid the defendant in advance in order to secure his services and no fraud in the law nor any illegality is seen in such a course.…
1Opinion of the CourtReynolds, P. J.
Plaintiff recovered a judgment before a justice of the peace against one Lavin and another; an execution issuing thereon, the constable returned it as unsatisfied except as. to $1.16, the judgment being for $271.50. On the same day that the judgment was rendered by the justice, a transcript of it was filed in the circuit court of the city of St. Louis and on *26that day an execution issued out of the office of the clerk of that court, directed to the sheriff of the city of St. Louis, who returned it nulla- bona, and that the sheriff, by order of the attorney for plaintiff, had further executed…
2Cases cited9 opinions
- Mountain Grove Bank v. Douglas CountySupreme Court of Missouri · 1898
- Dinkins v. Crunden-Martin Woodenware Co.Missouri Court of Appeals · 1903
- Reinhart v. Empire Soap Co.Missouri Court of Appeals · 1888
- Davis v. KnappSupreme Court of Missouri · 1844
- Langford v. FewSupreme Court of Missouri · 1898
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