State ex rel. Schoettler v. Boettger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The justice has no right to set aside a non-suit taken voluntarily. R. S. 1879, sec. 2949; Hannibal v. Robinson, 27 Mo. 396; Weeks v. Elter, 81 Mo. 377; Downing v. Garner, 1 Mo. 751. Nor does the appearance of the parties at a subsequent trial confer jurisdiction of the subject-matter upon the justice. • Downing r>. Garner, supra; Cason v. Tate, 8 Mo. 45; Semple v. Thomas, 10 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The justice has no right to set aside a non-suit taken voluntarily. R. S. 1879, sec. 2949; Hannibal v. Robinson, 27 Mo. 396; Weeks v. Elter, 81 Mo. 377; Downing v. Garner, 1 Mo. 751. Nor does the appearance of the parties at a subsequent trial confer jurisdiction of the subject-matter upon the justice. • Downing r>. Garner, supra; Cason v. Tate, 8 Mo. 45; Semple v. Thomas, 10 Mo. App. 457. An execution cannot be renewed after it has. been returned. R. S. 1879, sec. 3018; Decker v. Lidwell, 3 Mo. App. 600; Bark v.…
1Opinion of the CourtThompson, J.
This was an action upon a constable’s bond for levying upon and converting property of the plaintiff’s usee under a void execution. The execution is challenged on two grounds: (1) That the judgment on which it was issued was void. (2) That the execution itself was void.
I. The judgment was that of a justice of the peace. There had been a trial, at which the plaintiff had taken a non-suit and paid the costs. Thereafter, as the facts tend to show, by the consent of the defendant in that action, the plaintiff’s usee in the present proceeding, the justice set aside the non-suit, and issued a…
2Cases cited2 opinions
- Weeks v. EtterSupreme Court of Missouri · 1884
- Hannibal, Ralls County & Paris Plank Road Co. v. RobinsonSupreme Court of Missouri · 1858
3Cited by2 opinions
- American Building & Loan Ass'n v. FultonOregon Supreme Court · 1892
- Commercial Real Estate & Brokerage Co. v. RiemannMissouri Court of Appeals · 1906