Jeffries v. Wright
Supreme Court of Missouri
Appeal from Miller County Circuit Cotcrt. The judgment is on its face void, as the transcript does not show that the service was made in time to give the justice jurisdiction. (Sanders vs. Rains, 10 Mo'., 770 to 73.) Jurisdiction will not be presumed as to inferior courts, (Bersch vs. Schneider, 27 Mo., 101.) The Circuit Court erred in not permitting us to show that we had not been served with process. ("Van Rensselaer vs. Ogden, 7How. Pr., 297; Wallis vs. Lott, 15 How.
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Appeal from Miller County Circuit Cotcrt. The judgment is on its face void, as the transcript does not show that the service was made in time to give the justice jurisdiction. (Sanders vs. Rains, 10 Mo'., 770 to 73.) Jurisdiction will not be presumed as to inferior courts, (Bersch vs. Schneider, 27 Mo., 101.) The Circuit Court erred in not permitting us to show that we had not been served with process. ("Van Rensselaer vs. Ogden, 7How. Pr., 297; Wallis vs. Lott, 15 How. Pr , 567; Black’s case, 4 Abbott, 162.) The rule that will not call in question the return of the Sheriff or Constable,…
1Opinion of the CourtSherwood, Judge
This was a proceeding instituted in the Circuit Court of Miller County, by Felix Jeffries to re vive by scire facias the lien of a judgment obtaimed by him before a Justice of the Peace, against W. B.Wright and others; a transcript of which judg-. ment had been filed in the office of the Clerk of the Circuit Court of that county.
The defendant filed an answer in the nature of a plea of nul tiel record, denying that plaintiff had recovered judgment against them or either of them, and stating tha-t the justice had no jurisdiction over the subject matter, or over either of the defendants, at the…
2Cases cited9 opinions
- Hallowell v. PageSupreme Court of Missouri · 1857
- State v. MetzgerSupreme Court of Missouri · 1857
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Putnam v. ManNew York Supreme Court · 1829
- Wheeler v. LampmanNew York Supreme Court · 1817
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3Cited by26 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
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- Smoot v. JuddSupreme Court of Missouri · 1904
- Leonard v. SparksSupreme Court of Missouri · 1893
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