Eyerman v. Krieckhaus
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The validity of a transfer alleged to be fraudulent may be tried in a court of law in garnishment proceedings. —Lackland, v. Garesehé, 57 Mo. 267 ; Lee v. Tabor, 8 Mo. 322 ; Drake on Attach., par. 548. The creditor can only acquire such rights against the garnishee as the debtor had.— Weil v. Tyler, 38 Mo. 545. The statutes touching garnishment are not equitable, but legal, in their nature and procedure. — Lackland v. Garesehé, 56 Mo.…
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Appeal from St. Louis Circuit Court. The validity of a transfer alleged to be fraudulent may be tried in a court of law in garnishment proceedings. —Lackland, v. Garesehé, 57 Mo. 267 ; Lee v. Tabor, 8 Mo. 322 ; Drake on Attach., par. 548. The creditor can only acquire such rights against the garnishee as the debtor had.— Weil v. Tyler, 38 Mo. 545. The statutes touching garnishment are not equitable, but legal, in their nature and procedure. — Lackland v. Garesehé, 56 Mo. 270. When an illegal contract has been executed, no action lies to recover back the consideration. — 1 Chitty on Con. (11th…
1Opinion of the CourtLewis, P. J.
The plaintiff having obtained judgment and execution against the Gravois Railroad Company, a corporation, for $5,137.49, caused the defendant to be summoned as a garnishee. Upon the hearing of the allegations and issues in garnishment, facts were developed as follows : In 1873, the directors of the Gravois Railroad Company conceived that the interests of the corporation would be advanced by inducing the defendant to become a member of their board. He steadily refused, however, until they offered him one hundred shares of stock in their corporation as a consideration for his consent to serve.…
2Cases cited2 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Lee v. TaborSupreme Court of Missouri · 1843
3Cited by6 opinions
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Potter v. WhittenMissouri Court of Appeals · 1913
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
- Joseph, Nelke & Co. v. BoldridgeMissouri Court of Appeals · 1891
- Strauss v. AyersMissouri Court of Appeals · 1889
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