Drinkard v. Eastern Airlines, Inc.

MATTHES, Judge.

Defendant has appealed from the order of the trial court. overruling his motion to quash execution.

The motion to quash was bottomed on the premise and theory that the judgment which formed the basis for the execution was a nullity because of want of service of process upon the defendant. That being defendant’s position, the remedy resorted to is proper since the rule is that a motion to quash will test the question of whether a judgment is a nullity and void because of no service. Brown v. Langlois, 70 Mo. 226; Weniger v. Weniger, Mo.App., 32 S.W.2d 773, loe. cit. 774, wherein…