Gates v. Tusten
Supreme Court of Missouri
Error to Jackson Circuit Court. (1) The suit was in rem and no res was found in Jackson county, and, therefore, the court acquired no jurisdiction of the defendants. Service alone on the garnishee was not sufficient to confer jurisdiction.
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Error to Jackson Circuit Court. (1) The suit was in rem and no res was found in Jackson county, and, therefore, the court acquired no jurisdiction of the defendants. Service alone on the garnishee was not sufficient to confer jurisdiction. Nornelle v. Porter, 62 Mo. 309. (2) A garnishee is to be placed in no worse condition than if sued by his creditors, so that if Tusten et at. could not have sued the garnishee in Jackson county, then the insurance company could not be held liable as a garnishee. Myers v. Ins. Co., 40 Md. 595; Friebaugh v. Stone, 36 Mo. 114; McPherson v. Railroad, 66 Mo.…
1Opinion of the CourtSherwood, J.
Plaintiffs sued defendants, Tusten &De Neven, in the special law and equity court of Jackson county. The suit was by attachment, the defendants being non-residents. Afterwards, publication having been made, and they having defaulted, judgment went against them in the Jackson circuit court to which the cause had been transferred, which judgment, as the *16record thereof recites, was ordered to be satisfied out of the property and effects attached in the suit. Two writs of attachment were issued in the cause, one directed to-the sheriff of Jackson county, which, and the return thereon, is not in…
2Cases cited9 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Norvell v. PorterSupreme Court of Missouri · 1876
- Hebel v. Amazon InsuranceMichigan Supreme Court · 1876
- Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by40 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Smoot v. JuddSupreme Court of Missouri · 1904
- Johnston v. SweanySupreme Court of Missouri · 2002
- Schad v. SharpSupreme Court of Missouri · 1888
- Hadley v. BerneroMissouri Court of Appeals · 1903
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