Brownfield v. Thompson
Missouri Court of Appeals
Appeal from Holt Circuit Cohrt. — Hon. Gallatin Craig, Judge. (1) If the contention of respondent is correct that the court had no jurisdiction the garnishee was bound to set up such facts before the justice. Hopkins v. Huff, 67 Mo. App. 394. (2) This objection to the jurisdiction can not avail the garnishee anything; it stands on the same footing as the objection of a third person questioning the validity of the proceedings collaterally. Goodman v. Gordon, 61 Mo.
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Appeal from Holt Circuit Cohrt. — Hon. Gallatin Craig, Judge. (1) If the contention of respondent is correct that the court had no jurisdiction the garnishee was bound to set up such facts before the justice. Hopkins v. Huff, 67 Mo. App. 394. (2) This objection to the jurisdiction can not avail the garnishee anything; it stands on the same footing as the objection of a third person questioning the validity of the proceedings collaterally. Goodman v. Gordon, 61 Mo. App. 685. (1) If the justice had acquired no jurisdiction, the circuit court, to which there had been no appeal from the judgment…
1Opinion of the CourtBroaddus, J.
On the twenty-first day of February, 1901, plaintiff brought suit by attachment against •defendant, Moses M. Thompson, a non-resident of the State, before J. R. Price, a justice of the peace in Union township, Holt county, Missouri, and on same day defendant Ramsay was summoned as garnishee. Defendant Ramsey answered, admitting that he had in his hands $700 in money belonging to said Thompson. After proof was made of plaintiff’s demand against said Thompson, judgment was rendered in plaintiff’s favor ■on said demand against said Thompson for $28.25 and costs of suit, and like judgment against…
2Cases cited2 opinions
- Weeks v. EtterSupreme Court of Missouri · 1884
- Enlow v. NewlandMissouri Court of Appeals · 1886
3Cited by12 opinions
- State ex rel. Modern Finance Co. v. BledsoeMissouri Court of Appeals · 1968
- Jeffries v. NewblockSupreme Court of Oklahoma · 1916
- Buchholz v. MetropolItan Life InsuranceMissouri Court of Appeals · 1913
- Carr v. Pennsylvania RailroadMissouri Court of Appeals · 1904
- Ostmann v. FreyMissouri Court of Appeals · 1910
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