Huff v. Knapp
Supreme Court of Missouri
•Appeal from, Buchanan Circuit Court. relied upon .Oyster v. Shumate, 12 Mo. Rep. 580, and Hunter v. Reinhard, 18 Mo. Rep. 28. 1. A judgment on confession rendered by a justice of the peace on a day other than a regular law day, is not erroneous, and cannot be impeached eren in a direct proceeding.
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•Appeal from, Buchanan Circuit Court. relied upon .Oyster v. Shumate, 12 Mo. Rep. 580, and Hunter v. Reinhard, 18 Mo. Rep. 28. 1. A judgment on confession rendered by a justice of the peace on a day other than a regular law day, is not erroneous, and cannot be impeached eren in a direct proceeding. It is no where provided in the statute, that a judgment by confession shall not be taken on any day other than a regular law day, and there is nothing in the general scope and tenor of the act.thus to limit the justice’s power in this matter. 2. Even if-the judgments are irregular, the irregularity…
1Opinion of the CourtG-amble, Judge
Huff commenced a civil action in the.Circuit Court of Buchanan county to recover possession of a tract of land. In his petition he claimed title to the premises under a sheriff’s deed, by which the title of the defendant was conveyed to him. The sale by the sheriff was made under two executions issued from the Circuit Court upon transcripts of two judgments confessed by Knapp in favor of Huff, before a justice of the peace, which transcripts had been filed in the office of the clerk of the Circuit Court. The defendant, in his answer, admits the judgments before the justice, the filing of the…
2Cases cited1 opinion
- Hunter v. ReinhardSupreme Court of Missouri · 1850
3Cited by3 opinions
- Felrath v. SchonfieldSupreme Court of Alabama · 1884
- Musser v. HarwoodMissouri Court of Appeals · 1886
- Wade v. SwopeMissouri Court of Appeals · 1904