Haley v. Hannibal & St. Joseph R.R. Co.

• Decision Date: 31 October 1883
• Citation: 80 Mo. 112
• Court: Missouri Supreme Court
• Parties: HALEY v. THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.

80 Mo. 112

HALEY

v.THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1883.

Appeal from Jackson Circuit Court.--HON. S. H. WOODSON, Judge.

REVERSED.

G. W. Easley for appellant.

Henry Smith and W. H. Watts for respondent.

NORTON, J.

John J. Haley began an action by attachment against Patrick Hubbard before a justice of the peace in Kansas City. The constable executed the writ, and returned that Patrick Hubbard could not be found and that he garnished the appellant “by delivering a copy of the notice to D. W. Steal, nearest agent of the Hannibal & St. Joseph Railroad Company.”

The garnishee answered, stating that at the time of the service of the garnishment on the 23rd day of July, 1879, it owed Hubbard $21.87 wages as laborer from June 1st to June 30th, 1879; that the agent on whom the notice of garnishment was served, sent the notice to the general attorney of appellant at Hannibal, who received the same on the morning of July 24th, 1879, and immediately telegraphed the treasurer of the company, who was then out on the road paying its employes wages for June, 1879, but before the receipt of said telegram, the treasurer paid said wages to Hubbard. The answer further showed that Hubbard quit the service of the defendant on or about the 1st day of July, 1879.

A judgment was rendered against the garnishee by the justice, and an appeal was taken to the circuit court. On the trial anew in the circuit court, the plaintiff admitted that the matters and things stated in the amended answer of the garnishee were true as therein stated, and the said amended answer was then read in evidence. The garnishee then admitted that at the time of the service of the notice of garnishment in this case, Patrick Hubbard was a nonresident of this State. On the trial in the circuit court, plaintiff obtained judgment, from which the defendant has appealed.

It is conceded by counsel for plaintiff that the appeal involves nothing more than a construction of sections 2521 and 2519 of Revised Statutes. Section 2521 is as follows: “Notice of garnishment shall be served on a corporation in writing by delivering such notice, or a copy thereof, to the president, secretary, treasurer, cashier or other chief or managing officer of such corporation; provided such notice may be served on railroad corporations by delivering the same, or a copy thereof, to the nearest station or freight agent of such corporation in the county in which the cause of...