Weil v. Posten
Citation | 77 Mo. 284 |
Parties | WEIL, Appellant, v. POSTEN, Garnishee of Beckett. |
Decision Date | 30 April 1883 |
Court | United States State Supreme Court of Missouri |
Appeal from Andrew Circuit Court.--HON. H. S. KELLEY, Judge.
REVERSED.
Caldwell, Strong & Mosman for appellant.
Wm. Heren for respondent.
Appellant obtained a judgment against R. T. Beckett for $151.10 with interest at six per cent, in the Andrew circuit court August 10th, 1873. Pending the action, which was by attachment, and on December 14th, 1874, the respondent was summoned as garnishee, and July 13th 1873, filed the following answers to interrogatories:
To this answer the appellant filed the following denial: “Plaintiffs admit that garnishee sold and transferred the draft for $1,500, for value, to Vanhusen as alleged in the garnishee's answer, and deny each and every other allegation in said answer stated, and pray for judgment for their debt.”
The case was tried by the court. On the trial the garnishee offered to testify, when appellants objected, and prayed judgment on the pleadings for their debt, because the answer admitted that the garnishee had sufficient money in his hands belonging to Beckett to satisfy the debt, but the objection was...
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