Covenant Mutual Life Insurance v. Clover
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The court below rendered judgment against a party never served with process, to wit, E. H. Manter. This is apparent from an inspection. The judgment is irregular and void, as a whole, it being an entire thing; and being necessarily to be reversed as to one, must be reversed in toto.
Read the full summary
Appeal from St. Louis Court of Common Pleas. The court below rendered judgment against a party never served with process, to wit, E. H. Manter. This is apparent from an inspection. The judgment is irregular and void, as a whole, it being an entire thing; and being necessarily to be reversed as to one, must be reversed in toto. (Dickinson v. Chrismau, 28 Mo. 135.) No motion or bill of exceptions was necessary under the established practice of this court, the error being of record. I. The appellant Clover cannot take advantage of the defect in the judgment, although it may be erroneous, for the…
1Opinion of the CourtWagner, Judge
Respondent sued Manter as maker and Clover as endorser *394of a negotiable promissory note. Manter was not served with process, and judgment was rendered against both. Clover appealed to this court, and the only error relied on is, the irregularity in rendering judgment against Manter, when the court had no jurisdiction over him. It is insisted that the judgment is good against Clover, and that he cannot take advantage of the defect as to his co-defendant, because it does not affect him. But this is a judgment at law— an entirety; it is good as to all, or bad as to all; and an entire judgment…
2Cases cited2 opinions
- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
- Rush v. RushSupreme Court of Missouri · 1854
3Cited by8 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- First National Bank v. JacobsSupreme Court of Missouri · 1880
- Weis v. AaronMississippi Supreme Court · 1897
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.