Birtwhistle v. Woodward
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) A garnishment proceeding cannot be used as a bill in equity for the purpose of setting aside a garnishment proceeding and of winding up a partnership estate and stating an account between them. Epstein v. Block, 10 Mo. App. 352; Birtwhistle v. Woodward, 17 Mo.
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Appeal from, St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) A garnishment proceeding cannot be used as a bill in equity for the purpose of setting aside a garnishment proceeding and of winding up a partnership estate and stating an account between them. Epstein v. Block, 10 Mo. App. 352; Birtwhistle v. Woodward, 17 Mo. App. 277. A garnishment proceeding is strictly legal, and no power exists in the court to invoke equitable interference to compel a settlement and adjustment of accounts between parties and partnership. Sheedy ?>. Bank, 62 Mo. 17; McPherson v. Railroad, 66 Mo.…
1Opinion of the CourtNorton, C. J.
Plaintiff, on the eighth of October, 1883, commenced a suit for divorce in the circuit court of the city of St. Louis, against her husband, James P. Birtwhistle, and for alimony, alleging, among other things, that he was the owner of personal property of the value of twenty-five thousand dollars, and derived therefrom an annual income of five thousand dollars; that he owned no real estate; that said personal property consisted of an undivided half-interest in the machinery, stock, and choses in action of the book and job-printing establishment and bindery of the firm of O. B. Woodward &…
2Cases cited1 opinion
- Burgert v. BorchertSupreme Court of Missouri · 1875
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