Shuck v. Lawton
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The defendants’ remedy in this case was in a form of a petition to review judgment under sections 2101, 2103 and 2104, and they signally failed to meet the requirements of that statute for they do not allege in their petition the existence of the facts set forth in section 2101, and they also fail to allege that the petition is untrue in some material matter, and they fail to state in what particular the…
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Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The defendants’ remedy in this case was in a form of a petition to review judgment under sections 2101, 2103 and 2104, and they signally failed to meet the requirements of that statute for they do not allege in their petition the existence of the facts set forth in section 2101, and they also fail to allege that the petition is untrue in some material matter, and they fail to state in what particular the petition is untrue on which the judgment is based, they fail to state that they had a meritorious defense to plaintiff’s…
1Opinion of the CourtLamm, J.
To the September term, 1907, of the Shannon Circuit Court, Mr. Shuck sued for damages for outlay in, and performance in specie of, a land contract. There was no service attempted to that term, and the petition says nothing about the non-residence of defendants or any of them and makes no allegation upon which an order of publication could be based. Nor was an affidavit of non-residence made and filed at any time. The next step in the case was proof of publication, reciting, inter alia, that the petition alleged that certain named defendants, to-wit, all of them, “are non-residents of the…
2Cases cited2 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Ewart v. PenistonSupreme Court of Missouri · 1911
3Cited by11 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
- White v. HuffmanMissouri Court of Appeals · 1957
- Patterson v. Fitzgibbon Discount Corp.Missouri Court of Appeals · 1960
- Boone v. LedbetterMissouri Court of Appeals · 1947
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