Martin v. Barron
Supreme Court of Missouri
Error to Buchanan Court of Common Pleas. I. It was alleged by the defendant that it was not shown by the record that the defendant was ever served with process, or that he was served in the jurisdiction of the court rendering the judgment. It was objected that the process was issued against J. E. Barron, and that the petition and judgment was against John E. Barron, which rendered it void as against defendant.
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Error to Buchanan Court of Common Pleas. I. It was alleged by the defendant that it was not shown by the record that the defendant was ever served with process, or that he was served in the jurisdiction of the court rendering the judgment. It was objected that the process was issued against J. E. Barron, and that the petition and judgment was against John E. Barron, which rendered it void as against defendant. The return of the officer and the judgment of the court rendered in tlie cause are conclusive evidence, or at least prima facie evidence of these facts, and the said record ought…
1Opinion of the CourtWagner, Judge
This was a suit founded on a judgment rendered by the Circuit Court of the United States within and for the Seventh Circuit and Southern District of Ohio.
The defendant in his answer pleads nul tiel record, and also that the court had no jurisdiction over his person ; and for further answer he stated that he did not.appear in the suit in which the alleged judgment, described and set out in the petition, is said to have been rendered; that he was not served with process, or notified of the commencement or pendency of the action ; that he was not at the commencement of the suit, nor has he been…
2Cases cited1 opinion
- Grover v. GroverSupreme Court of Missouri · 1860
3Cited by9 opinions
- Skelton v. SackettSupreme Court of Missouri · 1886
- Crowell v. JohnsonNebraska Supreme Court · 1873
- Corrigan v. SchmidtSupreme Court of Missouri · 1895
- Burge v. BurgeMissouri Court of Appeals · 1902
- State ex rel. Goodwin v. WilliamsonSupreme Court of Missouri · 1874
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