Vigelius v. Marcus
Supreme Court of Oklahoma
Error from County Court, Seminole County; T. S. Cobb, Judge. Action brought in justice’s court by William Vigelius, doing business as Havemeyer & Vigelius, against Joseph Marcus and the Farmers’ National Bank of Wewoka, Olda., a corporation, garnishee. Judgment for plaintiff, anc releasing the garnishee, on appeal to the county court, and plaintiff brings error.
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Error from County Court, Seminole County; T. S. Cobb, Judge. Action brought in justice’s court by William Vigelius, doing business as Havemeyer & Vigelius, against Joseph Marcus and the Farmers’ National Bank of Wewoka, Olda., a corporation, garnishee. Judgment for plaintiff, anc releasing the garnishee, on appeal to the county court, and plaintiff brings error. This action was begun before a justice of the peace of Seminole county against the defendant, Marcus, and at the time it was begun the plaintiff filed his affidavit in garnishment, and a garnishee summons was regularly issued against…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The question presented in this case is: Where a garnishment is issued, and the garnishee acknowledges property sufficient to pay the debt, and on the trial before the justice a judgment is rendered for a small sum for the plaintiff, and he gives notice of appeal, and notifies the garnishee that he will appeal, and files appeal bond in the form required by Rev. Laws 1910, section 5466, whether the justice can discharge the garnishment and allow the garnishee to pay the money to the defendant, and be thereby discharged, although on…
2Cases cited3 opinions
- Becker v. SteeleSupreme Court of Kansas · 1889
- Miller v. DixonCourt of Appeals of Kansas · 1895
- Washer v. CampbellSupreme Court of Kansas · 1889