36 Mo. 135 | Mo. | 1865
delivered the opinion of the court.
This is an action to charge the defendant as garnishee on an execution in favor of this plaintiff and against one Joseph Hill. The proceedings were originally had before a justice of the peace; and on the 19th November, 1863, the defendant, in answering the interrogatories, said, “lam indebted to the defendant Joseph Hill in the sum of one hundred and ten dollars, which will be due on the twenty-fifth of December, A. D. 1863. By the terms of the contract with the said Hill, I am to pay a part of the rent of said place in repairs and taxes. I am not able at this time to ascertain the exact amount which will be due the said Hill in money, but I will be able to state the exact amount which will be due said Hill on the 25th of December, 1863.”
On the 4th of February, 1864, the defendant files a further answer, in which he says, that at the time of the service of the garnishment he did not have any property, money or effects in his hands, or under his control, belonging to defendant ; and further says, that at the time of the service of the garnishment he was indebted to the defendant in the execution in the sum of eighteen dollars and seventy-six cents, which was all that he then was then indebted to the said Joseph Hill. The complaint is that the court ought to have disregarded the second answer and given judgment on the first. Although the first answer purports to be an answer to the garnishment, it seems to us more in the nature of an affidavit asking for further time to answer. It states that the garnishee cannot arrive at the exact amount which he owes the defendant in the execution until the 25th day of December, then next following; and although the record is perfectly silent on the subject, it would seem that the time was granted and a continuance had in the cause, for on the
the judgment will be affirmed.