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WINTERMANN v. ST. LOUIS UNION TRUST COMPANY

No. 32853.

424 S.W.2d 94 (1968)

Ewald L. WINTERMANN, Plaintiff-Respondent, v. ST. LOUIS UNION TRUST COMPANY et al., Defendants, Associated Dry Goods Corporation, Stix, Baer & Fuller Division, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

January 16, 1968.

Attorney(s) appearing for the Case

H. Lawrence Miller and Joseph A. Kirkwood, St. Louis, for appellant.

R. H. McRoberts, Jr., Bryan, Cave, McPheeters & McRoberts, St. Louis, for respondent.

CLEMENS, Commissioner.

This appeal concerns priority between two judgment creditors who garnished an executor. The issue: Was the plaintiff's garnishment premature in view of the statute that an executor is not "liable to be summoned" as a garnishee prior to an order of distribution, and in view of the facts that plaintiff delivered his request for garnishment to the sheriff before the probate court had ordered the executor to distribute but the sheriff...

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