Chicago Herald Co. v. Bryan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Franklin Ferriss, Judge. (1) One cannot by garnishment process recover his own property or its value. Under the statute, notice of garnishment has only the effect of attaching money, property or effects of the defendant in the garnishee’s possession, or indebtedness owing to him.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. Franklin Ferriss, Judge. (1) One cannot by garnishment process recover his own property or its value. Under the statute, notice of garnishment has only the effect of attaching money, property or effects of the defendant in the garnishee’s possession, or indebtedness owing to him. R. S., 1899, sec. 3436; Rood on Garnishment, sec. 47; Shattuck v. Smith, 16 Vt. 134; Johnson v. Brant, 38 Kan. 758; Lawrence v. McKenzie, 88 Iowa 439; Young v. Bank, 97 Mo. App. 583. The remedy by garnishment is purely statutory and cannot be extended to cases…
1Opinion of the CourtGantt, J.
— This is a proceeding by garnishment instituted by summoning Nannie M. Bryan as garnishee, on the execution on the judgment rendered in favor of the plaintiff against William S. Bryan, in the circuit court of the city of St. Louis, on the 23d day of March, 1903, for $11,261.75.
Interrogatories were filed by the plaintiff to the garnishee as to whether she was indebted to the defendant, or had any money, property or effects of the defendant ’s in her possession. Garnishee was also specifically asked as to whether she had on or about October 7, 1902, received from the defendant approximately…
2Cases cited6 opinions
- Rowlett v. LaneTexas Supreme Court · 1875
- Withington v. SouthworthMichigan Supreme Court · 1873
- Clough v. BuckNebraska Supreme Court · 1877
- France v. EvansSupreme Court of Missouri · 1886
- Hammett v. MorrisSupreme Court of Georgia · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- De Mayo v. LyonsSupreme Court of Missouri · 1950
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Coolidge v. TaylorSupreme Court of Vermont · 1911
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- Brucker v. Georgia Casualty Co.District Court, E.D. Missouri · 1926
8 more not listed; retrieve them via the Exa API.