Smith v. Sterritt
Supreme Court of Missouri
Appeal from, Jackson Court of Common Pleas. Wm. B. Sterritt recovered a judgment before a justice of the peace against Henry Smith. Execution issued June 2,1855, and on the same day W. M. Belt was summoned as garnishee. Belt answered, admitting an indebtedness to H. Smith at the time of the service of garnishment in the amount of $55 for goods sold.
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Appeal from, Jackson Court of Common Pleas. Wm. B. Sterritt recovered a judgment before a justice of the peace against Henry Smith. Execution issued June 2,1855, and on the same day W. M. Belt was summoned as garnishee. Belt answered, admitting an indebtedness to H. Smith at the time of the service of garnishment in the amount of $55 for goods sold. After this answer was put in by Belt, A. E. Smith appeared before the justice and interpleaded, claiming the debt due from Belt as due to himself by virtue of an assignment from Henry Smith. Judgment on this interplea was, after a verdict by a…
1Opinion of the CourtScott, Judge
The case of Daggett v. St. Louis Louis Marine and Fire Insurance Co. (19 Mo. 210) is in point to show that on the trial in a justice’s court of an interplea concerning property or effects garnished by virtue of an execution an appeal will. lie. That was a garnishment under an execution issued from a justice’s court. It may be observed that the provision respecting garnishments, under the act respecting justice’s courts, is different in its language from the section on the same subject in the statute in relation to executions. Indeed the case of Wimer v. Pritchartt (16 Mo. 252) is contrary to…
2Cases cited6 opinions
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
- Richards v. GriggsSupreme Court of Missouri · 1852
- Bigelow v. JonesMassachusetts Supreme Judicial Court · 1808
- McDermott v. BarnumSupreme Court of Missouri · 1853
- Quarles & Thompson v. PorterSupreme Court of Missouri · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bellingham Bay Boom Co. v. BrisboisWashington Supreme Court · 1896
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1902
- Southwestern Bell Telephone Co. v. Crown Insurance Co.Missouri Court of Appeals · 1967
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Sanguinett v. WebsterSupreme Court of Missouri · 1900
11 more not listed; retrieve them via the Exa API.