Kiernan v. Robertson
Missouri Court of Appeals
Error to Randolph Circuit Court. — Hon. Alex. H. WallerJudge. (1)The denial stands in the place of the petition in an ordinary action, and must contain all the requisites of a petition. Stevenson v. McFarland, 162 Mo. 159, 168; McPherson v. Railroad, 66 M'o. 103, 111; Provenchere v. Reifess, 62 Mo.
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Error to Randolph Circuit Court. — Hon. Alex. H. WallerJudge. (1)The denial stands in the place of the petition in an ordinary action, and must contain all the requisites of a petition. Stevenson v. McFarland, 162 Mo. 159, 168; McPherson v. Railroad, 66 M'o. 103, 111; Provenchere v. Reifess, 62 Mo. App. 50; R. S. 1899, sec. 3451. (2) The denial must contain all the averments, and must state all the facts, which would be essential to a good petition by the defendant in an action against the garnishee. See cases cited above; also Holker v. Hennessey, 141 Mo. 527, 535; Brown v. Cape Girardeau,…
1Opinion of the CourtJohnson, J.
Plaintiff, a judgment creditor of defendant Robertson, had execution issued and caused Alexander to be summoned as garnishee. In due time, interrogatories were filed by plaintiff and answered by *59the garnishee, who stated that when served with process, he was not indebted to the defendant and did not have in his possession nor under his control any money or property belonging to defendant. A denial of this answer was filed by plaintiff the material allegations of which are, “that on the 17th day of August, 1903, said W. H. Alexander had in his possession and under his control $57 or thereabout…
2Cases cited3 opinions
- Russell Grain Co. v. Wabash RailroadMissouri Court of Appeals · 1905
- Clarke v. SinksSupreme Court of Missouri · 1898
- Estate Pound v. CassitySupreme Court of Missouri · 1902
3Cited by4 opinions
- White v. SmithMissouri Court of Appeals · 1969
- Hall v. WestonSupreme Court of Missouri · 1959
- Taylor v. DollinsMissouri Court of Appeals · 1920
- Mayne v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1933