State ex rel. Pemiscot County v. Scott
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. John I), Poster, Judge. (1) The defendants having appeared by attorney at the return term, they waived all informalities in the service and return of the writ of summons. Bartlett v. McDaniel, 3 Mo. 55; Lindell v. Bank, 4 Mo. 228,; Griffin o. Samuel, 6 Mo. 50 ; Moans o. King, 7 Mo. 411; Hembree v. Campbell, 8 Mo. 572; Phillebart o. Moans, 25 Mo. 323; Schell o.
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Appeal from Pemiscot Circuit Court. — Hon. John I), Poster, Judge. (1) The defendants having appeared by attorney at the return term, they waived all informalities in the service and return of the writ of summons. Bartlett v. McDaniel, 3 Mo. 55; Lindell v. Bank, 4 Mo. 228,; Griffin o. Samuel, 6 Mo. 50 ; Moans o. King, 7 Mo. 411; Hembree v. Campbell, 8 Mo. 572; Phillebart o. Moans, 25 Mo. 323; Schell o. Leland, 45 Mo. 293; Miller v. McCoy, 50 Mo. 15. (2) The. final judgment in favor of the plaintiff in error, rendered at the September term, 1884, was regular in all respects, and, being so,…
1Opinion of the CourtBlack, J.
— This is a suit brought by the county of Pemiscot on the official bond given by the defendant Scott, as collector of that county; the other twelve defendants are his sureties on the bond.
The county obtained judgment at the September term, 1884, of the circuit court, which was the return term of the writ. The judgment contains this recital: “ Now at this day come the parties by attorney, and by agreement and consent judgment is rendered against the defendants, in the sum of $1,536.21.”
Nothing further was done until ihe May term, 1885, at which time eleven of the defendant sureties filed a…
2Cases cited7 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Jones v. DriskillSupreme Court of Missouri · 1887
- Weil v. Greene CountySupreme Court of Missouri · 1878
- State v. McGonigleSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Cole v. ColeMissouri Court of Appeals · 1901
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
12 more not listed; retrieve them via the Exa API.