171 S.W. 672 (Mo.App. 1914), J. W. Jenkins Sons Music Company v. Sage

Citation:171 S.W. 672, 184 Mo.App. 340
Opinion Judge:ELLISON, P. J.
Party Name:J. W. JENKINS SONS MUSIC COMPANY, Appellant, v. M. V. SAGE, Respondent; THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Garnishee
Attorney:Stubenrauch & Hartz for appellant. Sebree, Conrad & Wendorff and Paul E. Walker for respondent.
Case Date:November 02, 1914
Court:Court of Appeals of Missouri
 
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Page 672

171 S.W. 672 (Mo.App. 1914)

184 Mo.App. 340

J. W. JENKINS SONS MUSIC COMPANY, Appellant,

v.

M. V. SAGE, Respondent; THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Garnishee

Court of Appeals of Missouri, Kansas City

November 2, 1914

          Appeal from Jackson Circuit Court.--Hon. Kimbrough Stone, Judge.

          Judgment affirmed.

         Stubenrauch & Hartz for appellant.

         (1) It filed its bond and affidavit for appeal after judgment which was a further entry of appearance and its motion in the circuit court made no claim that the justice had no jurisdiction over the person of the garnishee. Trimble v. Elkin, 88 Mo.App. 229; Meyer v. Insurance Company, 184 Mo. 481; Sections 7568, 7579, R. S. 1909. (2) Since the defendant could have maintained an action before the justice of the peace in question for the recovery of the debt due him from garnishee, plaintiff can maintain an attachment suit against the defendant in the same court and subject defendant's claim to the payment of plaintiff's debt. Hardware & Manufacturing Company v. Lang & Company, 127 Mo. 242; Howland v. Railroad, 134 Mo. 474; Harris v. Balk, 198 U.S. 215; Railroad v. Sturm, 174 U.S. 710.

         Sebree, Conrad & Wendorff and Paul E. Walker for respondent.

         (1) The appeal should be dismissed. Silberberg v. Gitenstein, 168 Mo.App. 399. (2) The justice had no jurisdiction of the cause. Laws of Missouri 1911, p. 141, secs. 1 and 2; White v. Railroad, 230 Mo. 287. (3) The circuit court acquired no jurisdiction. Beth v. Railroad, 136 Mo.App. 234; Union Transit Co. v. Merritt, 158 Mo.App. 648, 657; Haag v. Ward, 89 Mo.App. 186. (4) No notice of appeal was necessary. Haag v. Ward, 89 Mo.App. 186.

          OPINION

          [184 Mo.App. 341] ELLISON, P. J.

          --This action was begun before a justice of the peace at the city of Independence and is on a contract for the purchase of a piano whereby a balance of $ 63 is claimed. No service was had upon the defendant but the railway company was summoned as garnishee on the claim that it owed defendant certain money. The company answered admitting it owed defendant $ 84.

         Judgment was rendered against the company as garnishee and it appealed to the circuit court. In the latter court plaintiff moved to dismiss the appeal for the reason that no notice of appeal was given; and the garnishee moved to dismiss...

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