Kwilecki v. Holman
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. Leo. S. Bassieur, Judge. (1) Where one claims through a judicial sale, the jurisdiction of the court under whose decree the sale is made can always be attacked. Windsor v. McVeigh, 93 U. S. 282; Caffery v. Mining Co., 95 Mo.
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Appeal from St. Louis City Circuit Court — Hon. Leo. S. Bassieur, Judge. (1) Where one claims through a judicial sale, the jurisdiction of the court under whose decree the sale is made can always be attacked. Windsor v. McVeigh, 93 U. S. 282; Caffery v. Mining Co., 95 Mo. App. 174; McCrory v. Hall, 104 Ga.- 668. (2) The Constitution of the United States requires that all courts proceed to their final authoritative adjudications upon due notice, either actual or constructive, and after some opportunity to be heard is given. Otherwise their most solemn decrees and judgments are everywhere held…
1Opinion of the Court
OPINION.
BOND, J.
(After stating the facts as above.)— Although the amount in dispute in this case is far below the pecuniary limit of the jurisdiction of' the St. Louis Court of Appeals within whose territorial jurisdiction the cause of action arose, the appeal was properly taken to this court since its consideration “involves the construction of the Constitution of the United States.” The power of this court to decide, in a suit properly before it, the validity of an act of the Legislature of a sister State from the standpoint of its conformity to a provision of the Constitution of the United…
2Cases cited6 opinions
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Baker v. Aultman & Co.Supreme Court of Georgia · 1899
- Woodward v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1902
- Smith v. BrownSupreme Court of Georgia · 1895
- McCrory v. HallSupreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Fish v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1914
- Cordrey v. SteamshipOregon Supreme Court · 1922
- McLaughlin v. BahreSuperior Court of Delaware · 1933
- Strandberg v. StringerWashington Supreme Court · 1923