Crohn v. Modern Woodmen of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. Thomas J. Seehorn, Judge. (1) Where the record affirmatively discloses a want of jurisdiction the appointment of an administrator may always he collaterally attacked. 19 Encv. of PI. and Pr., p. 841. (2) If a judgment shows on its face that it is void for want of jurisdiction, either of the parties or the subject-matter, it is a mere nullity and it may be collaterally impeached by any person interested, wherever it is brought in…
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Appeal from Jackson Circuit Court. — Son. Thomas J. Seehorn, Judge. (1) Where the record affirmatively discloses a want of jurisdiction the appointment of an administrator may always he collaterally attacked. 19 Encv. of PI. and Pr., p. 841. (2) If a judgment shows on its face that it is void for want of jurisdiction, either of the parties or the subject-matter, it is a mere nullity and it may be collaterally impeached by any person interested, wherever it is brought in question. 23 Cyc. 1059; Jewett v. Broadman, 181 Mo. 647; Caffery v. Coal Co., 95 Mo. App. 174; Cox v. Boise, 152 Mo. 576.…
1Opinion of the CourtEllison, J.
Plaintiff alleges that he is the curator of the estate of Ida Muench, who was so afflicted 'with insanity as not to be able “to transact business or to protect herself in the ordinary affairs of life.” That he was duly appointed to such curatorship by the probate court of Jackson county. He then further alleges that defendant issued to Berthold Prank Muench a benefit certificate of insurance in the sum of two thousand dollars, payable at his death to said Ida, who was his wife. Refusal of payment is then alleged and judgment is asked for the amount. Plaintiff prevailed in the trial court and…
2Cases cited12 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Reno v. JarrellSupreme Court of Missouri · 1901
- Desloge v. TuckerSupreme Court of Missouri · 1906
- State v. BatySupreme Court of Missouri · 1902
- McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
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3Cited by3 opinions
- Orlann v. LaederichSupreme Court of Missouri · 1936
- Gooden v. Modern Woodmen of AmericaMissouri Court of Appeals · 1916
- Ex Parte Hamilton v. HendersonMissouri Court of Appeals · 1938