McDaniel v. Bryan
Missouri Court of Appeals
'Appeal from Yernon Circuit Court. — Hon. O. G. Burton, Special Judge. (1) The denial of the garnishee’s answer must contain specifically the grounds upon which a recovery is sought against the’ garnishee. R. S. 1899, sec. 3451. (2) When a pleading is amended by the filing of a new pleading, the amended pleading supersedes the former one, and the party thereby abandons the original pleading and the matters therein alleged.
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'Appeal from Yernon Circuit Court. — Hon. O. G. Burton, Special Judge. (1) The denial of the garnishee’s answer must contain specifically the grounds upon which a recovery is sought against the’ garnishee. R. S. 1899, sec. 3451. (2) When a pleading is amended by the filing of a new pleading, the amended pleading supersedes the former one, and the party thereby abandons the original pleading and the matters therein alleged. Ticlmor v. Yoorhies, 46 Mo. 110; Rand v. Grubbs, 26 Mo. App. 595. (3) The amended denial contains no allegation of fraudulent conveyance of the real estate therein…
1Opinion of the CourtEllison, J.
Plaintiff obtained a judgment against L. E. Bryan. In process thereunder the garnishee herein was summoned to answer interrogatories. He filed an answer stating that he did not owe Bryan and that he did not have any money or property in his ■ hands which belonged to him. Plaintiff thereupon filed a denial to the answer in which he alleged that the garuishee had money in his hands as the proceeds of the sale of real estate belonging to Bryan, but which had been conveyed to the latter’s wife in order to defraud creditors. The garnishee, taking the position that such allegation could not be…
2Cases cited6 opinions
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Hurley v. TaylorSupreme Court of Missouri · 1883
- Lander v. ZiehrSupreme Court of Missouri · 1899
- Whitney Holmes Organ Co. v. PetittMissouri Court of Appeals · 1889
- Dunlap v. MitchellMissouri Court of Appeals · 1899
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3Cited by5 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- Vaughn v. SpitzMissouri Court of Appeals · 1984
- Harrison v. HarrisonMissouri Court of Appeals · 1967
- Jacques v. GogginSupreme Court of Missouri · 1952