State ex rel. Hudson v. Heinrich
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. When a judgment has been rendered against a party by default, and the court was laboring under a mistake of fact, the matter may be corrected under a writ of error coram nobis.— Craig v. Smith, 65 Mo. 536 ; Latshaw v. McNees, 50 Mo. 381 ; Groner v. Smith, 49 Mo. 318, 324; Exparte Page, 49 Mo. 219, 294; 2 Tidd Pr. 1136; Willins v. Wheeler, 8 How.
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Appeal from the St. Louis Circuit Court, Boyle, J. When a judgment has been rendered against a party by default, and the court was laboring under a mistake of fact, the matter may be corrected under a writ of error coram nobis.— Craig v. Smith, 65 Mo. 536 ; Latshaw v. McNees, 50 Mo. 381 ; Groner v. Smith, 49 Mo. 318, 324; Exparte Page, 49 Mo. 219, 294; 2 Tidd Pr. 1136; Willins v. Wheeler, 8 How. Pr. 116. No person can be deprived of his property without due process of law. — Const. Mo., Art. II., sect. 30; Const. U. S. Amendments, V. and XIV; Pennoyer v. Neff, 95 U. S. 714; Cooley’s Const.…
1Opinion of the CourtThompson, J.
The questions which we have to consider arise upon a. motion in the nature of a writ of error coram nobis. The case is this: On July 29, 1881, a suit was commenced against Ida Heinrich, who is the plaintiff in this motion,, under the act of 1877, known as the back-tax law, to recover the taxes for the year 1879, upon a lot of ground belonging to her, situated in the city of St. Louis. Summons issued in due form against Ida Heinrich, and on October 3, 1881,. was returned by the sheriff as follows : “ The within named defendant, Ida Heinrich, can not be found in the city of St. Louis.”…
2Cases cited7 opinions
- In re ToneySupreme Court of Missouri · 1848
- Ex parte PageSupreme Court of Missouri · 1872
- Craig v. SmithSupreme Court of Missouri · 1877
- Powell v. GottSupreme Court of Missouri · 1850
- Latshaw v. McNeesSupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Cross v. GouldMissouri Court of Appeals · 1908
- Simms v. ThompsonSupreme Court of Missouri · 1922
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Burchett v. BurchettMissouri Court of Appeals · 1978
5 more not listed; retrieve them via the Exa API.