Vandeventer Trust Co. v. Western Stoneware Co.
Missouri Court of Appeals
Appeal from , Pike Circuit Court. — Hon. Edgar B. Woolf oik, Judge. . - • • ■ (1) The decision in the cas.e of Cross v. Gold, 131 Mo. 585, is decisive in favor of the plaintiff herein of the case at bar, and is in many respects on all fours with the case at bar. In that case, as in this, the. plaintiff’s attorney agreed to notify the defendant’s attorneys of the setting of the case and instead of doing so,. took judgment against the defendant.
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Appeal from , Pike Circuit Court. — Hon. Edgar B. Woolf oik, Judge. . - • • ■ (1) The decision in the cas.e of Cross v. Gold, 131 Mo. 585, is decisive in favor of the plaintiff herein of the case at bar, and is in many respects on all fours with the case at bar. In that case, as in this, the. plaintiff’s attorney agreed to notify the defendant’s attorneys of the setting of the case and instead of doing so,. took judgment against the defendant. The Court of Appeals held this to be a fraud and set aside the judgment. This case is followed in the case of Schuck v. Lawton, 155 S. W. 21. (21) The…
1Opinion of the CourtReynolds, P. J.
This is a suit in equity to restrain the enforcement of a judgment.
The Western Stoneware Company, defendant, and respondent here, having recovered a judgment against the Pike County Mineral Springs Company, proceeded against the Yandeventer Trust Company, plaintiff, and appellant here, as garnishee, in the Circuit Court of Pike County, and there recovered a judgment against the garnishee for the sum of $419.50 debt and $13.50 costs. From this judgment the garnishee appealed to our court and the judgment of the circuit court was affirmed. [See Western Stoneware Company v. Pike County Mineral *137Sp…
2Cases cited9 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- Western Stoneware Co. v. Pike County Mineral Springs Co.Missouri Court of Appeals · 1913
- Chicago & Alton Railroad v. MaddoxSupreme Court of Missouri · 1887
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3Cited by1 opinion
- Brinkerhoff-Faris Trust & Savings Co. v. HillSupreme Court of Missouri · 1929