(DOWNLOAD) "Board Regents for Southwest Missouri State" by Southern District, Division One Court of Appeals of Missouri " Book PDF Kindle ePub Free
eBook details
- Title: Board Regents for Southwest Missouri State
- Author : Southern District, Division One Court of Appeals of Missouri
- Release Date : January 11, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
PER CURIAM. The Board of Regents of Southwest Missouri State University (SMSU) brought this action against George D. Harriman
(Harriman) to collect three promissory notes, together with accrued interest and attorney fees. Judgment was entered for SMSU,
against Harriman, in the amount of $11,159.05 and for court costs. Execution issued followed by garnishments in aid of execution.
A garnishment was directed to American National Insurance Co. (American National) as garnishee defendant. After an earlier
appeal that upheld the judgment, SMSU filed its motion for judgment on the pleadings in the garnishment proceeding against
American National. SMSU sought payment of its judgment against Harriman from a fund that had been held under the direction
of American National at the time it was garnisheed. The trial court denied the motion. This court reverses and remands. This is the third time that this court has addressed issues raised or generated by SMSU's suit against Harriman. In State
ex rel. Board of Regents v. Bonacker, 765 S.W.2d 341 (Mo.App. 1989), ( Harriman I), this court held that SMSU was entitled
to a peremptory change of Judge, pursuant to Rule 51.05(a), in a garnishment proceeding. Id. at 347. SMSU had obtained a default
judgment against Harriman in 1985. It commenced garnishment proceedings almost three years later in an effort to collect the
judgment.
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