Asbury v. Odell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Tueneb A. Gill, Judge. The pergonal judgment rendered against Mary J. Odell and her husband, David O. Odell, was an absolute nullity and constituted no defence to appellant’s cause of action against David C. Odell. A personal judgment cannot be rendered in this state against a married woman by a justice of the peace. A judgment against several defendants is an entirety and is good as to all or bad as to all.
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Appeal from Jackson Circuit Court. — Hon. Tueneb A. Gill, Judge. The pergonal judgment rendered against Mary J. Odell and her husband, David O. Odell, was an absolute nullity and constituted no defence to appellant’s cause of action against David C. Odell. A personal judgment cannot be rendered in this state against a married woman by a justice of the peace. A judgment against several defendants is an entirety and is good as to all or bad as to all. If it is void as to part it is void as to all. Free-, man on Judgments, see. 136; Ins. Co. v. Clover, 36 Mo. 393 ; Frazer v. Williams, 34 Ohio…
1Opinion of the Court
Martin C.
This is an action against the defendant as maker of a promissory note, and was commenced before a justice of the peace. On appeal to the circuit court, judgment was rendered in favor of defendant, from which the plaintiffs appeal. The note is dated October 14, 1876, and purports to have been executed by David C. Odell and Mary J. Odell, who therein promise, for value received, to pay to Susan R. Asbury, on or before October 1, 1877, the sum of $85. Various credits appear to have been received towards payment.
The defence consists of a plea of former recovery. The plea was supported in…
2Cases cited7 opinions
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Carlin v. CavenderSupreme Court of Missouri · 1874
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Higgins v. PeltzerSupreme Court of Missouri · 1871
- Bailey v. McGinnissSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Galbreath v. RogersMissouri Court of Appeals · 1887
- Gazollo v. McCannMissouri Court of Appeals · 1895