1 Mo.App. 167 (Mo.App. 1876), Luthy v. Woods
|Citation:||1 Mo.App. 167|
|Opinion Judge:||GANTT, P. J.|
|Party Name:||JAMES LUTHY, Plaintiff in Error, v. STEPHENSON WOODS et al., Defendants in Error.|
|Attorney:||A. R. Taylor, for plaintiff in error, R. E. Rombauer, for defendants in error,|
|Case Date:||February 14, 1876|
|Court:||Court of Appeals of Missouri|
When a party not subject to garnishment is indebted to an insolvent person, a court of equity will, in some cases, aid a creditor of such insolvent in appropriating this credit to the satisfaction of his demand.
ERROR to St. Louis Circuit Court.
Reversed and remanded.
Luthy filed a petition in the St. Louis Circuit Court, in which he stated, first, a legal demand against Woods & Barnes, and asked judgment for it against them; and then proceeded to state that they were utterly insolvent, having no means or property that could be reached by legal process; that the Board of President and Directors of the St. Louis Public Schools was a municipal corporation, and not subject to garnishment; that said corporation was indebted to Woods & Barnes in the sum of $2,700; that by no means could this fund be subjected to the satisfaction of the claims of the creditors of Woods & Barnes except by the equitable interposition of the St. Louis Circuit Court; that the Bremen Savings Bank claimed the said fund; and concluded with a prayer that the court would give him judgment for his debt against Woods & Barnes, and order the Board of President and Directors of the St. Louis Public Schools to pay him, out of the sum they owed to Woods & Barnes, the amount of such judgment, with costs; that the Bremen Savings Bank should show cause against this judgment, if any...
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