SPANGLER, INC. v. HOUSE OF HEAVILIN, INC.

No. 24118.

394 S.W.2d 561 (1965)

SPANGLER, INC., Plaintiff-Respondent, v. HOUSE OF HEAVILIN, INC., Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

Application to Transfer Denied November 8, 1965.


Attorney(s) appearing for the Case

Donald L. Chapman and Casemore, Berman & DeLeve, Kansas City, for appellant.

Commodore McFarland Combs, Jr., Kansas City, for respondent.


MAUGHMER, Commissioner.

This is an appeal from the denial, in both magistrate court and circuit court, of a motion for restitution of money procured under a garnishment. No testimony was heard on the motion and the matter is before us on the record evidence alone. We summarize the pertinent parts of that evidence.

Plaintiff, Spangler, Inc., on April 19, 1962, sued House of Heavilin, Inc., in the magistrate court of Jackson County on an open account. Trial...

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