Universal Credit Co. v. Story
Decision Date | 01 May 1939 |
Docket Number | No. 6044.,6044. |
Citation | 128 S.W.2d 654 |
Parties | UNIVERSAL CREDIT CO. v. STORY et al. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Pemiscot County; Louis H. Schult, Judge.
"Not to be published in State Report."
Garnishment proceeding by the Universal Credit Company against O. L. Story, principal defendant, and against Luke Van Ausdall and Jeff Rogers, copartners, doing business under the name and style of Caruthersville Motor Company, garnishees. Judgment for plaintiff, and defendants appeal.
Reversed, and cause remanded.
O. E. Hooker, of Caruthersville, for appellants.
Fred L. Henley and Von Mayes, both of Caruthersville, for respondent.
This is a garnishment proceeding commenced in the Justice Court of Little Prairie Township, Pemiscot County, on November 23, 1937, by the Constable of said Township, and in which proceeding the garnishees filed their answer denying that they had any money, property or effects of the defendant, O. L. Story, in their possession and denying that they owed the defendant anything. The plaintiff filed its denial to the answer of the garnishees and said cause of garnishment was tried in the Justice Court, judgment rendered against the garnishees and an appeal granted from said court to the Circuit Court of Pemiscot County. Said cause was tried in the Circuit Court upon an agreed statement of facts, which is, caption and signature omitted, as follows:
The Exhibit A referred to in the above stipulation is a certificate of title issued out of the Secretary of State's Office to Frank Rushing, Cooter, Missouri, dated April 12, 1934, in which it is shown that the vehicle is subject to a lien at that time of $219.80 in favor of J. L. Van Ausdall Motor Company of Caruthersville, Missouri.
The abstract contains the following statement:
There does not appear any assignment or re-assignment to the garnishees from O. L. Story.
It is stated in the abstract that the above stipulation of facts together with the certificate of title with the endorsements thereon, was all the evidence offered in the case.
The case was tried to the Court, without a jury and on the 8th day of August, 1938, the Court rendered the following judgment:
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