Owens v. McCleary, No. 15386.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtBland
Citation273 S.W. 145
Docket NumberNo. 15386.
Decision Date25 May 1925
PartiesOWENS v. McCLEARY (MISSOURI SAV. ASS'N BANK, Garnishee).
273 S.W. 145
OWENS
v.
McCLEARY (MISSOURI SAV. ASS'N BANK, Garnishee).
No. 15386.
Kansas City Court of Appeals. Missouri.
May 25, 1925.
Rehearing Denied June 15, 1925.

[273 S.W. 146]

Appeal from Circuit Court, Jackson County; Charles R. Pence, Judge.

"Not to be officially published."

Action by William Owens against A. S. Mc-Cleary, in which plaintiff obtained judgment and thereafter had an execution issued against the Missouri Savings Association Bank, as garnishee. From a judgment rendered against it, garnishee appeals. Reversed.

Frank M. Lowe, of Kansas City, for appellant.

W. M. Bowker, of Nevada, Mo., S. O. Hargus, of Kansas City, and W. H. Hallett, of Nevada, Mo., for respondent.

BLAND, J.


Plaintiff obtained a judgment in the circuit court of Jackson county, Mo., against defendant, A. S. McCleary, who appealed the case to the Supreme Court without giving a supersedeas bond, where it is now pending. Thereafter plaintiff had an execution issued against the garnishee herein, who was summoned to answer at the March, 1924, term of the circuit court of Jackson county, Mo. On the first day of the March term, the same being the 10th day of March, 1924, plaintiff filed his interrogatories in the assignment division of said circuit court, which division was presided over by the Hon. Thomas B. Buckner, the regular judge of division No. 1 of that court. On the 19th day of March, 1924, the garnishee filed in said assignment division its answer to said interrogatories. The answer was filed "by leave of court," in other words, by leave of the judge of the assignment division. The caption of the interrogatories and answer is as follows:

"In the Circuit Court of Jackson County, Missouri, at Kansas City, March Term, 1924. No. 162374."

On the back of the interrogatories filed appears the following:

"Filed March 10, 1924. W. H. Harper, Clerk. by J. A. Capehar, Deputy."

The summons, interrogatories, and answer bear the same case number as the original suit in which the judgment was rendered.

On April 28, 1924, plaintiff filed a motion in the assignment division to compel the garnishee "to pay money into court" because the garnishee in its answer admitted that at the time it was summoned as garnishee "it held on deposit * * * $784.76 to the credit of the defendant, A. S. McCleary." On April 30, 1924, division No. 3 of the circuit court of Jackson county, Mo., sustained the motion to compel the garnishee to pay money into court. On May 5, 1924, the garnishee filed in the assignment division a motion asking the court to cite M. M. Riner to show cause for claiming the "sum of five hundred dollars ($500.00) so demanded by him from said garnishee on account of a certain check given by the defendant herein to said claimant" on December 29, 1923. On the same day in division No. 3 the garnishee filed a motion for an order directing the claimant M. M. Riner, to show cause. This motion is not shown in the record. On May 19, 1924, division No. 3 overruled the motion to cite M. M. Riner and rendered judgment against the garnishee in the sum of $784.76, the amount which the garnishee in its answer stated was in its bank to the credit of the defendant, and the garnishee has appealed.

It is insisted that...

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11 practice notes
  • Texas-Empire Pipe Line Co. v. Stewart, No. 31432.
    • United States
    • United States State Supreme Court of Missouri
    • November 3, 1932
    ...of ingress and egress over the eight foot strip alone. Sec. 1220, R.S. 1919; State ex rel. v. Muench, 217 Mo. 124; Owens v. McCleary, 273 S.W. 145; Vaughn v. Daniels, 98 Mo. 230; Gary v. Averil, 12 S.W. (2d) 747; Nodaway Co. v. Williams, 199 S.W. 225; St. L.K. & N.W. Ry. Co. v. Clark, 121 M......
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...Scott v. Lusherman, 273 Mo. 363; Zasenowich v. American Mfg. Co., 213 S.W. 799; Spindle v. Hyde, 247 Mo. 32; 310 Mo. 339, 275 S.W. 579; 273 S.W. 145; 31 S.W. (2d) 86. (8) (a) The positive authority of a decision is coextensive only on the facts on which it is founded. Bender v. Weber, 250 M......
  • Robinson v. Field, No. 35168.
    • United States
    • United States State Supreme Court of Missouri
    • May 26, 1938
    ...125 S.W. 1158; State ex rel. Bush v. Sturgis, 281 Mo. 598, 221 S.W. 91; Thomas v. Gann, 170 Mo. App. 81, 156 S.W. 74; Owens v. McCleary, 273 S.W. 145; Raines v. Moulder, 90 S.W. (2d) 81; Davis v. Johnson, 58 S.W. (2d) 746; Gatewood v. Trimble, 62 S.W. (2d) 756; Citizens Sec. Bank of Engelwo......
  • Boillot v. Income Guar. Co., No. 19236.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...Scott v. Lusherman, 273 Mo. 363; Zasenowich v. American Mfg. Co., 213 S.W. 799; Spindle v. Hyde, 247 Mo. 32; 310 Mo. 339, 275 S.W. 579: 273 S.W. 145; 31 S.W. (2d) 86. (8) (a) The positive authority of a decision is coextensive only on the facts on which it is founded. Bender v. Weber, 250 M......
  • Request a trial to view additional results
11 cases
  • Texas-Empire Pipe Line Co. v. Stewart, No. 31432.
    • United States
    • United States State Supreme Court of Missouri
    • November 3, 1932
    ...of ingress and egress over the eight foot strip alone. Sec. 1220, R.S. 1919; State ex rel. v. Muench, 217 Mo. 124; Owens v. McCleary, 273 S.W. 145; Vaughn v. Daniels, 98 Mo. 230; Gary v. Averil, 12 S.W. (2d) 747; Nodaway Co. v. Williams, 199 S.W. 225; St. L.K. & N.W. Ry. Co. v. Clark, 121 M......
  • Boillot v. Income Guar. Co., No. 19139.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...Scott v. Lusherman, 273 Mo. 363; Zasenowich v. American Mfg. Co., 213 S.W. 799; Spindle v. Hyde, 247 Mo. 32; 310 Mo. 339, 275 S.W. 579; 273 S.W. 145; 31 S.W. (2d) 86. (8) (a) The positive authority of a decision is coextensive only on the facts on which it is founded. Bender v. Weber, 250 M......
  • Robinson v. Field, No. 35168.
    • United States
    • United States State Supreme Court of Missouri
    • May 26, 1938
    ...125 S.W. 1158; State ex rel. Bush v. Sturgis, 281 Mo. 598, 221 S.W. 91; Thomas v. Gann, 170 Mo. App. 81, 156 S.W. 74; Owens v. McCleary, 273 S.W. 145; Raines v. Moulder, 90 S.W. (2d) 81; Davis v. Johnson, 58 S.W. (2d) 746; Gatewood v. Trimble, 62 S.W. (2d) 756; Citizens Sec. Bank of Engelwo......
  • Boillot v. Income Guar. Co., No. 19236.
    • United States
    • Court of Appeal of Missouri (US)
    • May 23, 1938
    ...Scott v. Lusherman, 273 Mo. 363; Zasenowich v. American Mfg. Co., 213 S.W. 799; Spindle v. Hyde, 247 Mo. 32; 310 Mo. 339, 275 S.W. 579: 273 S.W. 145; 31 S.W. (2d) 86. (8) (a) The positive authority of a decision is coextensive only on the facts on which it is founded. Bender v. Weber, 250 M......
  • Request a trial to view additional results

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