Hedrix v. Hedrix
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Daniel G. Taylor, Judge. (1) The affidavit to the petition for divorce was sufficient to authorize service of the summons on William P. Hedrix, in New Mexico. R. S. 1899, sec. 575'; Coombs v. Crabtree, 105 Mo. 292. Besides, it could not be collaterally attacked.
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Appeal from St. Louis City Circuit Court. — Ho». Daniel G. Taylor, Judge. (1) The affidavit to the petition for divorce was sufficient to authorize service of the summons on William P. Hedrix, in New Mexico. R. S. 1899, sec. 575'; Coombs v. Crabtree, 105 Mo. 292. Besides, it could not be collaterally attacked. Burnett v. McCluey, 92 Mo. 230. (2) The service of summons and copy of petition was sufficient and complied with the law, and gave the court jurisdiction and entitled the plaintiff to a judgment for alimony. R. S. 1899, sec. 582. Such service is due process of law. Henning v. Staed, 138…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— 1. It devolved upon the garnishee, not merely as the exercise of a right, but also as a duty and in self-protection, to make the defense, that the-judgment, upon which the writ of garnishment was based, was void for want of jurisdiction. If the court rendering the original judgment had attempted to exercise jurisdiction without any legal foundation, the whole proceeding was void and no property or credits of defendant could be divested through it, and a garnishee voluntarily submitting to judgment for any amount in his hands belonging to the defendant,…
2Cases cited11 opinions
- Adams v. CowlesSupreme Court of Missouri · 1888
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Russell v. GrantSupreme Court of Missouri · 1894
- Gould v. CrowSupreme Court of Missouri · 1874
- Ellison v. MartinSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beckmann v. BeckmannSupreme Court of Missouri · 1949
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- State ex rel. Hopman v. Superior CourtWashington Supreme Court · 1915
- Keaton v. JorndtSupreme Court of Missouri · 1909
- Potter v. WhittenMissouri Court of Appeals · 1911
11 more not listed; retrieve them via the Exa API.