State ex rel. Castleman v. Cunningham
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Ho». Jas. E. Eaeell, Judge. (1) The judgment in the attachment proceeding was only voidable, and is impregnable to collateral attack. Crowley v. Wallace, 12 Mo. 147; Hardin v. Lee, 51 Mo. 244; Alderson on Judicial Writs and Process, ch. 22, sec. 100, p. 176. (2) A judgment which is amendable is not void. Rosenheim v. Hartsock, 90 Mo. 357. (3) Amendability is the experimentum crucis of legal validity.
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Appeal from Cooper Circuit Court. — Ho». Jas. E. Eaeell, Judge. (1) The judgment in the attachment proceeding was only voidable, and is impregnable to collateral attack. Crowley v. Wallace, 12 Mo. 147; Hardin v. Lee, 51 Mo. 244; Alderson on Judicial Writs and Process, ch. 22, sec. 100, p. 176. (2) A judgment which is amendable is not void. Rosenheim v. Hartsock, 90 Mo. 357. (3) Amendability is the experimentum crucis of legal validity. Rosenheim v. Hartsock, ante; Bobb v. Bruere, 23 Mo. App. 604. (4) Amendments to return of process may be made many years after service. Murfree on Sheriffs (2…
1Opinion of the CourtEllison, J.
This is an action on a constable’s official bond. There was a demurrer to the evidence for relator at the close of his case, which the trial court sustained and he appealed.
The cause of action alleged is that the relator, as plaintiff in an attachment suit begun before a justice of the peace, sued out a writ of attachment which was placed in the defendant constable’s hands and by him levied upon a lot of corn standing in the field; that relator, as plaintiff in such action, had judgment in the attachment suit, but that the defendant, as constable, had wrongfully released the attached property…
2Cases cited10 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Daugherty v. BrownSupreme Court of Missouri · 1886
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Cunningham v. Pacific RailroadSupreme Court of Missouri · 1875
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3Cited by5 opinions
- Sawyer v. BurrisMissouri Court of Appeals · 1909
- Smith v. Lyle Rock Co.Missouri Court of Appeals · 1908
- Barnes v. PlessnerMissouri Court of Appeals · 1912
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Sedalia Milling Co. v. Stafford County Flour MillsMissouri Court of Appeals · 1913