Section 525.010

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 525

Effective - 28 Aug 1939   

  525.010.  Who may be summoned as garnishees. — All persons shall be subject to garnishment, on attachment or execution, who are named as garnishees in the writ, or have in their possession goods, moneys or effects of the defendant not actually seized by the officer, and all debtors of the defendant, and such others as the plaintiff or his attorney shall direct to be summoned as garnishees.

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(RSMo 1939 § 1560)

Prior revisions: 1929 § 1396; 1919 § 1846; 1909 § 2413

CROSS REFERENCES:

Director of the department of commerce and insurance not subject to garnishment in respect to deposits of securities, 375.460

Indemnity insurance on account of bodily injury or death, reached by creditors, how, 379.200

(1955) When execution is quashed, garnishment writ or summons issued in aid thereof ceases to be a live and subsisting process. Flynn v. Janssen (Mo.), 284 S.W.2d 421.

(1959) Garnishment proceeding in aid of execution under federal statute is a civil action under federal statutes providing for removal of civil actions to the federal court. Randolph v. Employers Mut. Liability Ins. Co. of Wis., 260 F.2d 461.

(1959) Where Kansas judgment was filed with "petition on foreign judgment" after the death of the judgment debtor, it would not support a garnishment on a bank in this state because the judgment would not sustain an execution in Kansas.  Barnes v. Hilton (A.), 323 S.W.2d 831.