Sidwell v. Kaster
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Ho». N. M. Pettingill, Judge. (1) A circuit court is a court of general jurisdiction and has exclusive original jurisdiction in all civil cases not otherwise provided for. Art. 6, sec. 32, Mo. Constitution. (2) A judgment rendered by a court having jurisdiction of the subject-matter, from which no appeal has been taken, is binding and conclusive and cannot be impeached for any defect in pleading or proof.
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Appeal from Schuyler Circuit Court. — Ho». N. M. Pettingill, Judge. (1) A circuit court is a court of general jurisdiction and has exclusive original jurisdiction in all civil cases not otherwise provided for. Art. 6, sec. 32, Mo. Constitution. (2) A judgment rendered by a court having jurisdiction of the subject-matter, from which no appeal has been taken, is binding and conclusive and cannot be impeached for any defect in pleading or proof. In a suit upon such a judgment the sufficiency of the petition on which it is rendered cannot be inquired into. Holt Co. v. Cannon, 114 Mo. 514. A…
1Opinion of the Court
Appeal from Circuit Court of Schuyler County.
Suit to quiet title to one-hundred and sixty acres of land, and also forty acres of land adjoining thereto, in Section 2, Township 64, Range 15, in said county.
The petition avers: That in February, 1918, the plaintiff Sanders became the owner in fee of said lands, and afterwards and on the same day entered into a contract to sell and convey said lands to his co-plaintiff. That his co-plaintiff has paid part of the purchase price, and a part of said purchase price is unpaid, and the deed has not yet been executed. That there is an agreement between…
2Cases cited12 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Moody v. PeytonSupreme Court of Missouri · 1896
- Jarrell v. Laurel Coal & Land Co.West Virginia Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Williams v. Steamship Mutual Underwriting Ass'nWashington Supreme Court · 1954
- State Ex Rel. Dew v. TrimbleSupreme Court of Missouri · 1925
- Carr v. CarrSupreme Court of Missouri · 1952
- A. & R. Realty Co. v. Northwestern Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1938
- Keith v. KeithMissouri Court of Appeals · 1980
7 more not listed; retrieve them via the Exa API.