Federated Mortgage & Investment Co. v. Jones

COVINGTON, Judge.

Federated Mortgage and Investment Company appeals from the circuit court’s dismissal of a garnishment action. The circuit court found that it was without jurisdiction to proceed in a garnishment action because the underlying judgment was void for failure to comply with the verification by affidavit requirement of § 535.020, RSMo 1986, a procedure for dispossession of a tenant for nonpayment of rent. The Missouri Court of Appeals, Western District, affirmed, but transferred the case to this Court for the purpose of re-examining the existing law. The judgment is reversed and…