O'Reilly v. Cleary
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. There was neither trial nor judgment as required by law. —Pomeroy v. Benton, 6 Mo. App. 596 ; Fly v. Ownsley, 59 Mo. 437 ; O’Weil v. Oapelle, 62 Mo. 202. Attorneys’ fees cannot be taxed as costs in garnishment. — Tallahassee County v. Glenn, 50 Ala. 489 ; Apperson v. Insurance Co., 38 N. J. L. 388 ; McDonald y.
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Appeal from the St. Louis Circuit Court. There was neither trial nor judgment as required by law. —Pomeroy v. Benton, 6 Mo. App. 596 ; Fly v. Ownsley, 59 Mo. 437 ; O’Weil v. Oapelle, 62 Mo. 202. Attorneys’ fees cannot be taxed as costs in garnishment. — Tallahassee County v. Glenn, 50 Ala. 489 ; Apperson v. Insurance Co., 38 N. J. L. 388 ; McDonald y. Page, Wright, 121. The civil rights of Maguire being suspended by his sentence, he could not contract. — Presbury v. Hull, 34 Mo. 29 ; Bede y. Bede, 36 Miss. 72 ; Miller v. Finke, 1 Park. Cr. 374; Stephens v. Flwell, 4 Mau. & Sel. 259 ; Williams…
1Opinion of the CourtBakewell, J.
The plaintiff, having obtained judgment by confession against Maguire for $2,904.83, summoned the defendant Cleary as garnishee on execution. Issue being made upon the denial and reply, the cause was referred to a referee. The plaintiff filed exceptions to the report of the referee, which were sustained. The plaintiff then moved for judgment against the garnishee. This motion was overruled. The garnishee then filed an amended reply, and the cause was referred by the court to another referee, who made a report accompanied by all the evidence and proceedings had before him. None of the evidence…
2Cases cited3 opinions
- Gowan's Administrator v. GowanSupreme Court of Missouri · 1860
- Daly v. TimonSupreme Court of Missouri · 1871
- Reinecke v. JodSupreme Court of Missouri · 1874
3Cited by1 opinion
- McConnell v. Story & Clark Piano Co.Missouri Court of Appeals · 1918