Legal Opinion

Knapp, Stout & Co. v. Standley

Missouri Court of Appeals

Decided May 11, 1891PublishedCited by 7 opinions

Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, J udge. (1) The answer in this case is a general denial and puts in issue the facts alleged in petition of inter-pleader. The alleged judgment of Swiggett et al. was not offered in evidence, and there was nothing before the court to show the amount or date of said alleged judgment, neither were the alleged garnishment papers against Hale Standley offered in evidence.

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Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, J udge. (1) The answer in this case is a general denial and puts in issue the facts alleged in petition of inter-pleader. The alleged judgment of Swiggett et al. was not offered in evidence, and there was nothing before the court to show the amount or date of said alleged judgment, neither were the alleged garnishment papers against Hale Standley offered in evidence. There was, therefore, no facts before the court, which would authorize or sustain the judgment rendered, and the motion for a new trial and in arrest should have been…

1Opinion of the Court

Smith, P. j.

— In the attachment suit of Knapp, Stout & Co. against Swiggett Bros, one Hale Standley *268was summoned as garnishee. The interpleaders, Stafford & Rix, filed an inter plea in the attachment suit wherein they claimed that they had acquired the title to a certain judgment in favor of the attachment defendants against the garnishee, Standley, for $334.17, under a certain assignment made to them by the attachment defendants for a valuable consideration, before the service of the garnishment. The attachment plaintiffs interposed a general denial to the interplea. The case was submitted…

2Cases cited10 opinions

  1. Vance v. CorriganSupreme Court of Missouri · 1883
  2. Fox v. HallSupreme Court of Missouri · 1881
  3. Valentine v. HavenerSupreme Court of Missouri · 1854
  4. Moore v. HutchinsonSupreme Court of Missouri · 1879
  5. Douglas v. OrrSupreme Court of Missouri · 1875

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3Cited by7 opinions

  1. Southwestern Bell Telephone Co. v. Crown Insurance Co.Missouri Court of Appeals · 1967
  2. Campbell v. HarringtonMissouri Court of Appeals · 1902
  3. Wheless v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1909
  4. Young v. Bank of PrincetonMissouri Court of Appeals · 1903
  5. Helstein v. SchmidtMissouri Court of Appeals · 1935

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