Joseph McKenna

“ The plaintiff Tourville took an appeal to the St. Louis court of appeals which reversed the judgment, holding that the proceedings in garnishment were void on the ground that the justice's court of East St. Louis had no jurisdiction, because there was no personal service on Tourville, and the directions of the statute for substituted service had not been observed, and because plaintiff in error had failed to make this defense, although it appeared by the papers on file in the justice's office. ”

“ The opinion concluded as follows: 'It results from the foregoing that the court erred in holding that the defendant company was entitled to credit for the amount paid by it in the garnishment proceedings. ”

“ State ex rel. Bauer v. Edwards, 144 Mo. 467, 46 S. W. 160; Rees v. McDaniel, 131 Mo. 681, 33 S. W. 178; Young v. Thrasher, 123 Mo. 308, 27 S. W. 326; Stump v. Hornback, 109 Mo. 272, 18 S. W. 37; Chouteau v. Allen, 74 Mo. 56. ”