Lackland v. Garesche
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. According to the trust, “the net proceeds” of the sale belonged to Smith absolutely. The fact that the garnisliee held the net income in a fiduciary relation does not exempt him from charge. Under Carling vs. Hyde, (10 Mo., 374.) as soon as the court ordered a distribution of tbe fund held by tbe administrator, he became liable to garnishment. On this point see also Wagn.
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Appeal from Si. Louis Circuit Court. According to the trust, “the net proceeds” of the sale belonged to Smith absolutely. The fact that the garnisliee held the net income in a fiduciary relation does not exempt him from charge. Under Carling vs. Hyde, (10 Mo., 374.) as soon as the court ordered a distribution of tbe fund held by tbe administrator, he became liable to garnishment. On this point see also Wagn. Stat., 664, § 3.- After return day a sheriff holds the money for plaintiff alonej and may be garnished. (Marvin vs. Hawley, 9 Mo., 382.) Garnishment in attachment is a proceeding at law,…
1Opinion of the CourtAdams, Judge
This was an action by attachment, brought by the plaintiff against Thomas F. Smith, as a non-resident of this State, in which the defendant, Garesche, was summoned as garnishee. No other property or effects of the defendant, Smith, were attached, except such as were alleged to be held by the garnishee, Garesche, as trustee for the use of Smith. The property held in trust by Garesche consisted of several houses and lots in the city of St. Louis. The only interest to which Smith was entitled was the right, under certain terms and conditions, to receive the net income, during his life, arising…
2Cases cited2 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- McIlvaine v. SmithSupreme Court of Missouri · 1867
3Cited by40 opinions
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Nacy v. LepageSupreme Court of Missouri · 1937
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
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