McCord & Nave Mercantile Co. v. Bettles
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — How. James G-ibson, Judge. We submit -that nothing can be clearer than that, .under the law of this state, a garnishee must respond,' not only for what he owes the defendant at the time of the service of the garnishment, but also for what debts he may owe at any time after the service of the garnishment up to the time of filing his answer.
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Appeal from the Jackson Circuit Court. — How. James G-ibson, Judge. We submit -that nothing can be clearer than that, .under the law of this state, a garnishee must respond,' not only for what he owes the defendant at the time of the service of the garnishment, but also for what debts he may owe at any time after the service of the garnishment up to the time of filing his answer. This is so, for the simple reason that the statute expressly, and in good, set terms, so provides. R. S. 1889, secs. 5221, 5225,5235,5236. The case of Beckham v.- Carter, 19 Mo. App. 596, which was .relied upon in…
1Opinion of the CourtSmith, P. J.
Plaintiff .commenced a suit by attachment against defendant. The notice to defendant was by publication. Disbrow was summoned as garnishee, and in answer to the interrogatories propounded to him by plaintiff, stated that defendant had given him a mortgage, over due at the time of the garnishment, on 'Certain chattels to secure a certain indebtedness to him, and that since then the said chattels had been sold, and that the amount realized in excess of the amount required to discharge the mortgage debt was $198.74. The garnishée further answered that after the sale of said mortgaged chattels…
2Cases cited7 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Atwood v. HaleMissouri Court of Appeals · 1885
- King v. BaileySupreme Court of Missouri · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hedrix v. HedrixMissouri Court of Appeals · 1903
- Schubert v. HerzbergMissouri Court of Appeals · 1896
- Holker v. HennesseySupreme Court of Missouri · 1898
- Riley Pennsylvania Oil Co. v. SymmondsMissouri Court of Appeals · 1916
- State ex rel. Froidl v. TillmanMissouri Court of Appeals · 1983
6 more not listed; retrieve them via the Exa API.