McClure v. Wells
Supreme Court of Missouri
Error to . Third ■: District Court. The Circuit Court, after an appeal from the decision overruling the motion to set aside the judgment, acted properly in permitting the sheriff to amend his return. The cause decided at September term, 1866, was not before the court. I. The service upon Walker, being by the deputy sheriff in his own name, was absolutely void, and the Circuit Court acquired no jurisdiction over him, and should have set aside the judgment on his motion.
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Error to . Third ■: District Court. The Circuit Court, after an appeal from the decision overruling the motion to set aside the judgment, acted properly in permitting the sheriff to amend his return. The cause decided at September term, 1866, was not before the court. I. The service upon Walker, being by the deputy sheriff in his own name, was absolutely void, and the Circuit Court acquired no jurisdiction over him, and should have set aside the judgment on his motion. (Harriman et al. v. The State, 1 Mo. 504; 8 Bac. Abr. 671, tit. Sheriff.) II. The return1, of the sheriff on the summons was…
1Opinion of the Court
CüRRiBR, Judge,
delivered the opinion of the court.
This is a proceeding by motion to set aside a judgment by default. The judgment sought to be set aside was rendered by the Cedar County Circuit Court at its September term, 1866. At the succeeding March term, Walker, one of the defendants, moved the court to set the judgment aside, basing the motion upon the assumed ground that the court rendering it had no jurisdiction of his person. The motion waS overruled, and Walker excepted. A bill of exceptions was subsequently filed, and an appeal taken to the Third District Court.
What the District…
2Cases cited1 opinion
- Stewart v. StringerSupreme Court of Missouri · 1869
3Cited by7 opinions
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Majewski v. BenderMissouri Court of Appeals · 1951
- Martin v. CastleSupreme Court of Missouri · 1904
- Fee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- Cassidy Bros. Commission v. EstepMissouri Court of Appeals · 1895
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