Cornwall v. Star Bottling Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) The return of sheriff is conclusive only in collateral attack. Black on Judgts., sec. 324; Blythe v. Hinckley, 84 Fed. 240; Adams v. Hickman, 43 M'o. 168. (2) Judgment rendered on a false return may be attacked by motion to set aside made in court where rendered. Du Bois v. Clark, 12 Colo.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. (1) The return of sheriff is conclusive only in collateral attack. Black on Judgts., sec. 324; Blythe v. Hinckley, 84 Fed. 240; Adams v. Hickman, 43 M'o. 168. (2) Judgment rendered on a false return may be attacked by motion to set aside made in court where rendered. Du Bois v. Clark, 12 Colo. App. 220; Bradley v. Welch, 100 Mo. 267; Craig v. Smith, 65 Mo. 538. (3) Defendant should be given benefit of doubt. 17 Am. and Eng. Ency., p. 843. (4) The judgment was irregular in that (1) sheriff’s return does not show that the…
1Opinion of the CourtBland, P. J.
Defendant is a corporation. The action was to recover a balance of $150 on account. Defendant moved the court to quash the sheriff's return of the summons, for the reason “that no summons was ever served upon the defendant; that no copy of summons and petition was ever left with Wm. Freudenau, secretary of the defendant company; that Alex. D. Grant, president, and J. Wm. Taylor, vice-president, of the defendant company, resided and maintained offices in the city of St. Louis, Missouri, and were present in the city of St. Louis, Mo., and could readily have been found by the sheriff for service…
2Cases cited5 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1905
- Rosenthal v. WindensohlerMissouri Court of Appeals · 1905
3Cited by1 opinion
- Mound City Engraving Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1910