Hoppenbrock v. Dial
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Ron. 'Berry Or. Thurman, Judge. (1) The case at bar is an attempt at judgment by confession under section 4006, Revised Statutes 1899. Chamberlin v. Mining Co., 20 Mo. 96; Frause v. Owens, 25 Mo. 334; Loth v. Faconesowich, 22 Mo. App. 68; Burr & Co. v. Mathers & Co., 51 Mo. App. 475. (1) The defendant, confessed judgment before the justice, and no appeal lies from such confession of judgment. Wade v. Swope, 107 Mo.
Read the full summary
Appeal from Vernon Circuit Court. — Ron. 'Berry Or. Thurman, Judge. (1) The case at bar is an attempt at judgment by confession under section 4006, Revised Statutes 1899. Chamberlin v. Mining Co., 20 Mo. 96; Frause v. Owens, 25 Mo. 334; Loth v. Faconesowich, 22 Mo. App. 68; Burr & Co. v. Mathers & Co., 51 Mo. App. 475. (1) The defendant, confessed judgment before the justice, and no appeal lies from such confession of judgment. Wade v. Swope, 107 Mo. App. 377; R. S. 1899, secs. 4059, 4005, 4006. (2) The defendant was duly served with process, the court had jurisdiction in the premises, and…
1Opinion of the CourtJohnson, J.
— The controlling question in this case is whether or not a judgment is. void which plaintiff recovered against defendant in a justice court. The trial court sustained the judgment and the cause is here on the appeal of defendant. On June 10, 1905, plaintiff brought suit against defendant before Thomas Gilbert, justice of the peace of Center township, Yernon county, on a negotiable promissory note, dated December 30, 1899, and due one year after date. The principal of the note was $250, and it bore interest from date at eight per cent per annum. The following credits were endorsed on the…
2Cases cited1 opinion
- Wade v. SwopeMissouri Court of Appeals · 1904
3Cited by1 opinion
- Houchin v. TurnerMissouri Court of Appeals · 1914