Montgomery v. Farley
Supreme Court of Missouri
ERROR to the circuit court of St. Louis county. 1. At the time of the proceedings before the jusiice, Montgomery was not within the justice’s jurisdiction, and consequently that the proceedings before the justice, were coram non judice. 2. The facts present a case of utter variance.
Read the full summary
ERROR to the circuit court of St. Louis county. 1. At the time of the proceedings before the jusiice, Montgomery was not within the justice’s jurisdiction, and consequently that the proceedings before the justice, were coram non judice. 2. The facts present a case of utter variance. The execution on which the property was sold professes to issue in aid of a transcript' from the justice of a judgment for debt of $88 01, and interest $1 76. The execution issued from the justice professes to issue on a judgment ¿e(jt 0f |gg 03, and interest $1 76. The justice’s transcript, offered in evidence,…
1Opinion of the CourtTompkins, Judge
This was an action brought by Montgomery, the plaintiff in error, against Farley, tor the recovery of a house and lot. Robinson was admitted as co-defendant. Judgment was given for the defendants, and to reverse it this writ of error is prosecuted.
Defbndantgwem evidenoe judgment before the jpsiree — execix-script filed with clerk of cir. et. f.nd exacuj‘?" ,jer execution, and sheriff’s deed, ^¿^^the^jus-^ t¡ce waa $88 03 debt, and $i 78 $88^0* debt, $1 76 damages, Variance ¡a jmmaterial, and the court proper-U *¿e “ad.” 10n ° e Evidence inpais jnYaHdTtTtheVtT cord of a judgment.
The plaintiff…
2Cited by4 opinions
- Pflanz v. PflanzMissouri Court of Appeals · 1944
- Livingston v. AllenMissouri Court of Appeals · 1900
- Belden v. BeldenMissouri Court of Appeals · 2012
- Sanders v. Brooks and OberhelmanMissouri Court of Appeals · 1944