Potter v. Whitten
Missouri Court of Appeals
Appeal from Jasper Circuit Court. Division Number Two. — Hon. David E. Blair, Judge. (1) Garnishee’s motion to make tlie depositor a party to the action should have been sustained.
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Appeal from Jasper Circuit Court. Division Number Two. — Hon. David E. Blair, Judge. (1) Garnishee’s motion to make tlie depositor a party to the action should have been sustained. Sec. 2439, R. S. 1909. (2) Even if it should be held the court acted properly in refusing to have the depositor brought in under provision of the foregoing statute, the court should have under its general powers, or-clered the depositor to be made a party upon tlie garnishee’s application which was erroneously stricken out by the court. Sec. 1849, R. S. 1909; Judy v. Bank, 70 Mo. 407; 20 Cyc. 1101; 14 Am. & Eng.…
1Opinion of the Court
*120OPINION.
FARRINGTON, J.
(after stating the facts).— Appellant contends that there was such question raised by the reply of the plaintiff as could not be brought into and tried in a garnishment proceeding. It is true that garnishment proceedings in this State are purely and strictly legal proceedings, and it is not permissible to garnish a fund which is subject to indefinite contingencies, trust agreements and relations, or that has to be arrived at in an equitable proceeding to determine the amount that would be coming to the judgment debtor. Again, as a general proposition it may be said that…
Also in this document: Concurrence.
2Cases cited28 opinions
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Holker v. HennesseySupreme Court of Missouri · 1897
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Epstein v. Hammerslough Clothing Co.Missouri Court of Appeals · 1896
23 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McMahan & Company v. Po Folks, Inc., Traditional Bank, Incorporated F/k/a Montgomery Traders Bank & Trust Company, Garnishee-AppelleeCourt of Appeals for the Sixth Circuit · 2000
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
- Linder v. Lewis, Roca, Scoville & BeauchampArizona Supreme Court · 1958
- Board of Regents v. HarrimanMissouri Court of Appeals · 1993
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
14 more not listed; retrieve them via the Exa API.