151 Mo. App. 359 | Mo. Ct. App. | 1910
The case out of which the present proceedings originated was once before this court and is reported in 135 Mo. App.. 68, wherein the judgment of the trial court against the garnishees was
The motion recites that the judgment debtor was at the time of the institution of the suit and at all times since and now is the head of a family; that as such under the laws of the state he is entitled to holds as exempt a nine-tenths part, or ninety per cent of the amount in the hands of the garnishees. Upon'the hearing of the motion it was sufficiently shown at the time of the rendition of the judgment against Chiaffarelli, that he was the head of a family, and a married man with two children; that shortly after the rendition of the judgment he left the state; that he was at no time a resident of Missouri; and that the sum garnisheed was due him as wages for services rendered the Electric Park Company.
The plaintiff in the judgment on the trial questioned-the authority of Bruce Barnett on behalf of Chiaffarelli the debtor to claim the exemption. Mr. Barnett was a witness at the trial and he was asked, Q. “When did Chiaffarelli employ you to file this motion here for exemptions?” A. “Oh, Chiaffarelli employed me the day he was garnisheed.” Q. “To file this motion here for exemptions?” A. “No, to save the money for him in any way' it could be saved1 legally and lawfully.” Q:. “When did you hear from him, from Chiaffarelli? ” A. “I haven’t heard from him for a long time. ” Q. “Asa matter of fact he isn’t making this claim for exemptions personally?” A. “Oh, yes, he is.” Q. “You are making it?” A. “I am making it for him. ” ' ■
The court overrruled defendant’s motion for exemptions and he appealed.
There can be no question but what the exemptions mentioned in the latter section were made for the benefit of heads of families resident in the state. And it is evident, construing the two sections together that the Legislature had in mind the same class of persons, residents of the state, and housekeepers, and not persons who might be passing through or sojourning in the state for temporary purposes. The latter class do not as a rule possess any of the articles mentioned in said sections and we cannot conceive any good reason why they should have the benefit of a provision intended solely for resident housekeepers and heads of families. In 1903 a new section was added to said chapter on execution. The act provided that it should follow section 3235 and to be numbered the same with the letter ‘a’ attached. It reads as follows: “Any person holding or who may hereafter hold a judgment against another
As to whether Bruce Barnett was authorized to make the claim for exemptions we are of the opinion that the direction by the defendant for him to do everything he could lawfully do to save for him the sum garnisheed was sufficient for that purpose. The authority reposed in the attorney an unlimited discretion to act in the matter, provided always that he should act lawfully. And in the absence of any evidence showing authority we would presume that the attorney of record was in the performance of the duties entrusted to him by his client. For the reason given the cause is affirmed.