Hopkins v. Henson
Missouri Court of Appeals
Appeal from Circuit Court of Stoddard County.-1-How. W. 8. G. Walker, Judge. (1) The power of the court to permit an officer to amend his return should be exercised by the court where it will be in furtherance of justice. E. S. 1909, sec. 1848; Feurt v. Caster, 174 Mo. 289; Scruggs v. Scruggs, 46 Mo. 271; Trust Company v. Enright et al., 1621 Mo..
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Appeal from Circuit Court of Stoddard County.-1-How. W. 8. G. Walker, Judge. (1) The power of the court to permit an officer to amend his return should be exercised by the court where it will be in furtherance of justice. E. S. 1909, sec. 1848; Feurt v. Caster, 174 Mo. 289; Scruggs v. Scruggs, 46 Mo. 271; Trust Company v. Enright et al., 1621 Mo.. App. 162; Smoot v. Judd, 184 Mo. 508; Kauhn v. Mercantile Town Mutual Insurance Co., 228 Mo. 585; Priest v. Capitain, 236 Mo. 446. (2) The matter complained of by the garnishees appears on the face of the return and should have been made by motion…
1Opinion of the CourtBradley, J.
This cause originated in a justice of the peace court. Defendant filed his petition in three counts, and asked judgment in the total sum of $174.16. An affidavit for attachment was filed alleging that defendant had absented himself from his usual place of abode, had fraudulently .assigned his property, etc., and had removed out of the State. The writ was delivered to a deputy sheriff-for service. The defendant was not found, but on the return day he showed up, and confessed judgment for $161.61. Plaintiff attempted to summons Lucas and Barney as garnishees, and the contest has been between…
2Cases cited9 opinions
- Feurt v. CasterSupreme Court of Missouri · 1903
- Springfield Southwestern Railway Co. v. SchweitzerSupreme Court of Missouri · 1912
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
- State ex rel. Davis v. EllisonSupreme Court of Missouri · 1919
- Kahn v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1910
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3Cited by5 opinions
- Fulkerson v. LairdMissouri Court of Appeals · 1967
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925
- State Ex Rel. Specialty Foam Products, Inc. v. KeetMissouri Court of Appeals · 1979
- Bauch v. Weber Flour Mills Co.Missouri Court of Appeals · 1922