Dodge v. Knapp
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) (a) In order to charge a garnishee, the service must be sufficient to give the court jurisdiction of the res as well as the person of the garnishee. Huffman v. Sisk, 62 Mo. App. 398; Grocer Co-, v. Carlson, 67 M'o. App. 183; Dunn v. Railway, 45 Mo-. App. 29. (b) And in order to show this, respondents must needs have introduced the execution and return in evidence, which was not done.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) (a) In order to charge a garnishee, the service must be sufficient to give the court jurisdiction of the res as well as the person of the garnishee. Huffman v. Sisk, 62 Mo. App. 398; Grocer Co-, v. Carlson, 67 M'o. App. 183; Dunn v. Railway, 45 Mo-. App. 29. (b) And in order to show this, respondents must needs have introduced the execution and return in evidence, which was not done. Spengler v. Kaufman, 43 Mo-. App. 11; Hauptman v. White, 88 Mo. App. 188. (2) The letters of administration on the estate of the…
1Opinion of the CourtBland, P. J.
(after stating the facts). 1. Appellant makes the point that her demurrer to the evidence should have been sustained, on the ground that the order of April 19, 1904, reviving the original judgment against the administratrix of Ralph Hammond Pybus merged that judgment in the one as revived and had the legal effect to waive the lien of attachment on the property in the hands of the garnishee. In respect to this point, if there was an instruction offered by appellant to the effect, that under the law and the evidence the respondents could not recover, sometimes erroneously termed a demurrer to…
2Cases cited18 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Robertson v. PerkinsSupreme Court of the United States · 1889
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3Cited by8 opinions
- Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Potter v. WhittenMissouri Court of Appeals · 1911
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925
- Western Stoneware Co. v. Pike County Mineral Springs Co.Missouri Court of Appeals · 1913
- Taylor v. DollinsMissouri Court of Appeals · 1920
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