Todd v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Neither the justice nor the circuit court acquired jurisdiction of the debt due Pearce. The return of the constable on the writ of attachment does not show that he attached anything in garnishee’s hands. This is essential to a valid attachment. Horvell v. Porter, 62 Mo. 811; Keane v. Banking House, 4 Mo. App. 507; Brecht v. Qorby, 7 Mo. App. 300 ; Master son v. Railroad, 20 Mo.
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Appeal from, the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Neither the justice nor the circuit court acquired jurisdiction of the debt due Pearce. The return of the constable on the writ of attachment does not show that he attached anything in garnishee’s hands. This is essential to a valid attachment. Horvell v. Porter, 62 Mo. 811; Keane v. Banking House, 4 Mo. App. 507; Brecht v. Qorby, 7 Mo. App. 300 ; Master son v. Railroad, 20 Mo. App. 655. The averment that the “ services were rendered in the town of Denison, in the state of Texas (through which state garnishee’s line…
1Opinion of the CourtThompson, J.
This was a proceeding commenced before a justice of the peace, by attachment, against George W. Pearce as principal defendant, and against the Missouri Pacific Railway Company as garnishee. There was a judgment against the principal defendant and also a judgment against the garnishee on its answer, from which it prosecutes this appeal.
At the outset, there is a question whether the return of the constable shows a valid levy of the writ, such as was necessary to give the court jurisdiction. The return on the attachment does not show that the constable attached any property of the defendant, by…
2Cases cited13 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Norvell v. PorterSupreme Court of Missouri · 1876
- O'Connor v. KochSupreme Court of Missouri · 1874
- Keating v. American Refrigerator Co.Missouri Court of Appeals · 1888
- Transier v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Shaw State Bank v. PfeffleMissouri Court of Appeals · 1927
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Bingenheimer Mercantile Co. v. WeberNorth Dakota Supreme Court · 1922
- Gregor Grocer Co. v. CarlsonMissouri Court of Appeals · 1896
- Godman v. GordonMissouri Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.