DRINKARD v. EASTERN AIRLINES

No. 29393.

290 S.W.2d 175 (1956)

James DRINKARD, (Plaintiff) Respondent, v. EASTERN AIRLINES, Inc., a Corporation, Garnishee, and William J. Morrison, (Defendant) Appellant.

St. Louis Court of Appeals. Missouri.

May 15, 1956.


Attorney(s) appearing for the Case

Vatterott & Shaffar, St. Ann, for appellant.

Walter J. Kramer, St. Louis, for respondent.


MATTHES, Judge.

Defendant has appealed from the order of the trial court overruling his motion to quash execution.

The motion to quash was bottomed on the premise and theory that the judgment which formed the basis for the execution was a nullity because of want of service of process upon the defendant. That being defendant's position, the remedy resorted to is proper since the rule is that a motion to quash will test the question of whether a judgment is...

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