Whitney Holmes Organ Co. v. Petitt
Missouri Court of Appeals
Appeal from the Aud/rain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court erred in making appellant a party. In actions of garnishment, courts of this .state have no authority to order non-residents to appear and inter-plead and litigate their respective rights to the fund garnished. Sheedy v. Banlc, 62 Mo. 17; Beelcham v. Tootle, Hanna & Co., 19 Mo. App. 605 ; 4 Kan. 370 ; 51 Pa.
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Appeal from the Aud/rain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court erred in making appellant a party. In actions of garnishment, courts of this .state have no authority to order non-residents to appear and inter-plead and litigate their respective rights to the fund garnished. Sheedy v. Banlc, 62 Mo. 17; Beelcham v. Tootle, Hanna & Co., 19 Mo. App. 605 ; 4 Kan. 370 ; 51 Pa. St. 244. The note could not have been reached by order under section 2542, Revised Statutes. (2) Plaintiff in this garnishment proceeding endeavors to have the court establish a constructive trust.…
1Per curiam
This controversy grows out of a garnishment proceeding on execution. In January, 1887, plaintiff recovered a judgment in the Audrain county circuit court against John Petitt, issued an execution thereon, and one M. Y. Duncan was summoned as garnishee to appear in said circuit court and make answers touching his indebtedness to John Petitt. On the fourth day of February, Duncan appeared in said court and filed his answers to the usual interrogatories. To the first he denied having in his possession or under his control, property or effects belonging to the execution defendant. To the second he…
2Cases cited5 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Skrainka v. AllenMissouri Court of Appeals · 1879
- State ex rel. Mastin v. McBrideSupreme Court of Missouri · 1884
3Cited by4 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- McDaniel v. BryanMissouri Court of Appeals · 1907