Burgess v. O'Donoghue
Supreme Court of Missouri
Ekror to Gape Girardeau Circuit Court.— ELon. J. D. Foster, Judge. (1) The circuit court had absolutely no jurisdiction of the judgment. The record shows that the cause, at the time of these proceedings in the circuit court, was pending in the Supreme Court, without bond or supersedeas. Brill v. Meek, 20 Mo. 358 ; Ladd v. Cousins, 35 Mo. 513; Stewart Stringer, 41 Mo. 400; DeKalb Co. r.
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Ekror to Gape Girardeau Circuit Court.— ELon. J. D. Foster, Judge. (1) The circuit court had absolutely no jurisdiction of the judgment. The record shows that the cause, at the time of these proceedings in the circuit court, was pending in the Supreme Court, without bond or supersedeas. Brill v. Meek, 20 Mo. 358 ; Ladd v. Cousins, 35 Mo. 513; Stewart Stringer, 41 Mo. 400; DeKalb Co. r. Ilixon, 44 Mo. 341 ; Jones v. Lister anee Co., 55 Mo. 342. (2) Since the circuit court could not set aside or render null and void the judgment or decree, for want of jurisdiction, it follows that, in the…
1Opinion of the CourtNorton, J.
—This case is here by writ of error from the judgment of the circuit court of Cape Girardeau county, sustaining a motion to set aside a sheriff’s sale, quashing the execution under which the sale was made, and vacating and annulling the judgment on which the execution issued.
It appears from the record that at the August term, 1880, of the Cape Girardeau circuit court a judgment was rendered in a suit, wherein William Burgess was plaintiff and Ruth O ’ Donoghue et al. were defendants, in favor of plaintiff, for $291.40, which was declared to be a charge and lien upon certain real estate…
2Cases cited2 opinions
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
3Cited by19 opinions
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Reed v. BrightSupreme Court of Missouri · 1911
- State ex rel. Patton v. GatesSupreme Court of Missouri · 1898
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