Connor v. Pope
Missouri Court of Appeals
Appeal from Miller Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. We had the right, to make the showing which was made as to the return of the officer. It comes undei the head of what is termed a writ of error eoram nobis. Foney v. State, 11 Mo. 85; Callaway v. Nefering, 1 Mo. 223; Conway v. Ferry, 26 Kansas, 472; Powell v Gott, 13 Mo. 460; Pickett v. Legwood, 7 Peters (U. S.) 140 ; Exparte James Boy, 57 Mo. 231; Nelsonv.
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Appeal from Miller Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. We had the right, to make the showing which was made as to the return of the officer. It comes undei the head of what is termed a writ of error eoram nobis. Foney v. State, 11 Mo. 85; Callaway v. Nefering, 1 Mo. 223; Conway v. Ferry, 26 Kansas, 472; Powell v Gott, 13 Mo. 460; Pickett v. Legwood, 7 Peters (U. S.) 140 ; Exparte James Boy, 57 Mo. 231; Nelsonv. Brown, 23 Mo. 20 ; 2 Tidd’s Pract. 1056; 3 Pomeroy’s Equity, sect 1365 ; Phelan v. Engelmann, 86 Mo. 551; Davis v. Harper, 6 Ohio, 573. I.…
1Opinion of the CourtPhilips, P. J.
This case 'was once before in this court on appeal, and is reported in 18 Mo. App. 86. From that opinion it will appear that the garnishment proceeding failed because the sheriff’s return did not show that the proper service of notice was made on the garnishee to give the court jurisdiction over the subject matter, to authorize the judgment of the circuit court against the garnishee.
For this error the judgment was reversed and the cause remanded, -with special directions to the trial court to enter judgment discharging the garnishee. This judgment this court might have entered up here. (Rev.…
2Cases cited5 opinions
- Wadhams v. GayIllinois Supreme Court · 1876
- Groner v. SmithSupreme Court of Missouri · 1872
- State ex rel. Phelan v. EngelmannSupreme Court of Missouri · 1885
- Connor v. PopeMissouri Court of Appeals · 1885
- State ex rel. Dixon v. GivanSupreme Court of Missouri · 1882
3Cited by4 opinions
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- State ex rel. Smith v. Superior CourtWashington Supreme Court · 1912
- State ex rel. Williams v. NethertonMissouri Court of Appeals · 1887
- McIntyre v. McIntyreMissouri Court of Appeals · 1887