Kansas City Pump Co. v. Jones
Missouri Court of Appeals
Appeal from Clinton. Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) The motions to quash the execution and set aside the judgment constitute a collateral attack and come too late at a term subsequent to the rendition of judgment. Gerhart v. Brady, 72 Mo. App. 138; M'eyer v. Miller, 55 Mo. App. 343; Wise v. Loring, 54 Mo. App. 262; Head v. Randolph, 83 Mo. App. 284; Hathaway v. Railroad, 94 Mo. App. 348. (2) Defendants should have appealed if judgment is erroneous only.
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Appeal from Clinton. Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) The motions to quash the execution and set aside the judgment constitute a collateral attack and come too late at a term subsequent to the rendition of judgment. Gerhart v. Brady, 72 Mo. App. 138; M'eyer v. Miller, 55 Mo. App. 343; Wise v. Loring, 54 Mo. App. 262; Head v. Randolph, 83 Mo. App. 284; Hathaway v. Railroad, 94 Mo. App. 348. (2) Defendants should have appealed if judgment is erroneous only. If it is not void it can not be collaterally .attacked. Martin v. McLean, 49 Mo. 361; Hardin v. Lee, 51 Mo. 241; Holliday…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendants Watson T. Jones and E. A. Jones as partners on an account, before a justice of the peace and procured a writ of attachment to be issued in aid of the action. Judgment was recovered against both defendants and an appeal was taken by them to the circuit court. The appeal bond, conditioned as required by law, was signed by both defendants as principals and F. B. Ellis as surety. Issues raised by the plea in abatement were tried in the circuit court before a jury and a verdict returned in favor of plaintiff against the defendant Watson T. Jones and in favor of the…
2Cases cited7 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
- Robertson v. NealSupreme Court of Missouri · 1875
- Harlan v. MooreSupreme Court of Missouri · 1896
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3Cited by10 opinions
- Rehm v. FishmanMissouri Court of Appeals · 1965
- Carter v. WilkinsSupreme Judicial Court of Maine · 1964
- Kreisel v. SnavelyMissouri Court of Appeals · 1909
- J.J. Newberry Co. v. Baker, Renschen, Newton, Etc.Missouri Court of Appeals · 1947
- Everett v. Glenn.Missouri Court of Appeals · 1931
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