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2 Mo. 15

Anderson v. Scott

Supreme Court of Missouri

Decided April 15, 1828

Supreme Court of Missouri · decided 1828-04-15

<p>A levy of an attachment on property, generally, without saying whose property-held to be bad; and a garnishee summoned, without any further levy, is not bound to appear.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1828-04-15

How this case has been cited

Cited by 5 later decisions — most recently May 1912

5 state decisions

301828183018401850186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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M’Giuk, C. J,,

¶1delivered the opinion of the Court.

¶2Anderson was summoned as garnishee; he failed to appear and answer, and judgment was entered against him; to reverse which, the cause is brought here. The *16matter assigned for error is, that the attachment was not so served that the garnishee was bound to appear. I am of opinion that this error is well assigned. The act says that the. manner of attaching the lands, tenements, goods, chattels, moneys, credits and effects of the defendant, shall he by the officer’s going to the place where, or to the person in whose hands or possession the same may be, or to the person who is supposed to be indebted to the defendant, and then and there, in the presence of one or more creditable person or persons, declaring that he attaches the same ; in this (16) case, the Sheriff returns, that he levied the same on some mules, &c., without saying on whose mules the levy was made; to make a levy on mules generally, is not a good levy; nor does ibsay in whose hands they were ; the Sheriff then summoned the garnishee, without levying any attachment on any thing in his hands; this, return and levy are clearly bad,, T,he judgment as to the garnishee, is reversed, with. co$ts.,

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