Missouri Appeal Reports Volume 15

Missouri Appeal Reports Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...by virtue of an execution issued by Justice John M. Young, a justice of the peace within and for the city of St. Louis, in favor of B. O'Reilly and against Thomas Maher, returnable before the said justice on November 15, 1882, the company is summoned as garnishee in that writ, to appear, on a day named, to answer interrogatories, etc.; and that the constable attaches in the hands of the company any goods of Maher, and all debt due by the company to Maher. The judgment and execution were also put in evidence; and the return on the execution states that the garnishee was summoned to appear before Justice Lobsinger of the first district, and that no goods were found in the constable's district belonging to Maher. The answer of the garnishee was filed on August 25th, before Lobsinger, and admits an indebtedness to Maher by the company of $30 due on August 19th, and $40 to become due on September 19th. It appears that the original judgment against Maher was before Young, justice of the fifth district, for $42.24 and costs which was revived before Young on March 14, 1882; that Sheehan was the successor of Young, and that Lobsinger is justice of the first district. There was evidence that on August 22, 1882, plaintiff notified defendant Sondag, in writing, that he claimed as exempt, all money due him by the Ore and Steel company. The present action was begun on September 4, 1882. At the close of plai, ntifi"s case, the court, at defendant's instance, instructed the jury to find for defendant. Whereupon plaintiff took a non-suit, which the court refused to set aside. The statute provides (Rev. Stats., sect. 2546), that if the garnishee fail to appear, the plaintifi" may take judgment against him by default, or, at...show more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236804724
  • 9781236804723