Smith v. Davis
Supreme Court of Missouri
Appeal from, Ralls Circuit Court. I. The judgment of the circuit court was final and absolute unless reversed on appeal or writ of error. (6 Peters, 729 ; 1 Peters, 340; 2 Peters, 169; 11 Mass. 226.) The parties to the partition can not have the judgment set aside on this motion. The judgment was rendered at the instance of the plaintiff. The defendants were duly and properly represented by their guardian.
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Appeal from, Ralls Circuit Court. I. The judgment of the circuit court was final and absolute unless reversed on appeal or writ of error. (6 Peters, 729 ; 1 Peters, 340; 2 Peters, 169; 11 Mass. 226.) The parties to the partition can not have the judgment set aside on this motion. The judgment was rendered at the instance of the plaintiff. The defendants were duly and properly represented by their guardian. (18 Mo. 461; 8 Mo. 257.) The judgment or order of sale and sale itself were all duly and properly made. The court had. full power to appoint a guardian! ad litem, although the defendants…
1Opinion of the CourtRichardson, Judge
On the 6th of November, 1855, Sarah A. Smith commenced a suit for the partition of a. quarter section of land against John W. and Enoch A. Smith, both of whom were minors. The summons was returnable to the following. March term of the court, and was personally served on the defendants in January. At the return term, in March, 1856, a guardian ad litem was appointed for the infant defendants, who was duly qualified, and filed an answer putting in issue the allegations of the petition; and, the cause being submitted to the court upon the petition, answer and proofs, it was found by the court…
2Cases cited1 opinion
- Hite & Wife v. ThompsonSupreme Court of Missouri · 1853
3Cited by7 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Scott v. RoystonSupreme Court of Missouri · 1909
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Westmeyer v. GallenkampSupreme Court of Missouri · 1900
- Payne v. MasekSupreme Court of Missouri · 1893
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