Legal Opinion

Louis Obert Brewing Co. v. Wabash Railroad

Missouri Court of Appeals

Decided June 6, 1910Published

Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) Garnishment proceedings are legal and not equitable in their nature. Lackland y. Garesche, 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 21 Am. Rep. 407; Atwood y. Hale, 17 Mo. App. 81; Coleman y. Insurance Co., 74 Mo. App. 663; Bank y. Barnett, 98 Mo. App. 477; Iron Co. y. McDonald, 61 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Virgil Rule, Judge. (1) Garnishment proceedings are legal and not equitable in their nature. Lackland y. Garesche, 56 Mo. 267; Sheedy v. Bank, 62 Mo. 17, 21 Am. Rep. 407; Atwood y. Hale, 17 Mo. App. 81; Coleman y. Insurance Co., 74 Mo. App. 663; Bank y. Barnett, 98 Mo. App. 477; Iron Co. y. McDonald, 61 Mo. App. 559. (2) In order to justify a garnishment, there must exist a right of action by the defendant against the garnishee. Lessing y. Vertrees, 32 Mo. 431; Fenton y. Block, 10 Mo. App. 536; Eddy y. Heath, 31 Mo. 141.

1Opinion of the CourtCox, J.

The plaintiff obtained judgment against Henry & Herman Albers for $700. On this judgment execution was issued and the Wabash Railroad summoned as garnishee. The garnishee answered denying owing any debt to Albers. Issue was taken on this denial, and trial had before the court, resulting in the discharge of the garnishee, and plaintiff has appealed.

*32The evidence tends to show that Albers had been running a boarding house at which employees of the Railroad Company boarded, and that the foreman of the company, under whom these men worked had said to Albers that the company would guarantee the…

2Cases cited2 opinions

  1. People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
  2. Johnson v. Geneva Publishing Co.Supreme Court of Missouri · 1894

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