Reinhart v. Empire Soap Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. There was no debt due to the judgment debtor from the garnishee, and hence the creditor can recover nothing. Drake on Attachment, secs. 445, 458 ; Wentworth n. Whittemore, 1 Mass. 471; Sayward v. Drew, 6 Maine, 263. The garnishee stands in precisely the same position he would if he were sued by the debtor. Drake on Attach, sec. 445. The debt must be actually due and not dependent on any contingency.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. There was no debt due to the judgment debtor from the garnishee, and hence the creditor can recover nothing. Drake on Attachment, secs. 445, 458 ; Wentworth n. Whittemore, 1 Mass. 471; Sayward v. Drew, 6 Maine, 263. The garnishee stands in precisely the same position he would if he were sued by the debtor. Drake on Attach, sec. 445. The debt must be actually due and not dependent on any contingency. Wentworth «. Whittemore, 1 Mass. 471; Sayward v. Drew, 6 Me. 263. The garnishment attached in hands of appellant any…
1Opinion of the CourtRombatjer, P. J.
Judgment was rendered in the trial court against the garnishee upon its answer which denied all indebtedness to the execution defendant, and contained the following statement in answer to one of the interrogatories exhibited:
“Further answering, this garnishee says, that the said defendant, S. P. Hulbert, is now, and for a long time past has been, in the employ of this garnishee; that for the last six months past his salary has been seventy-five dollars per month, but that long before it was summoned as garnishee herein, the said defendant came to this garnishee and informed it that he was…
2Cases cited5 opinions
- Weil v. TylerSupreme Court of Missouri · 1866
- McPherson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- Holton v. South Pacific RailroadSupreme Court of Missouri · 1872
- Heege v. FruinMissouri Court of Appeals · 1885
3Cited by11 opinions
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
- Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Spengler v. Kaufman & WilkinsonMissouri Court of Appeals · 1891
- Bunker v. HiblerMissouri Court of Appeals · 1892
- Rees v. Peck-King Mortgage Co.Missouri Court of Appeals · 1921
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