Legal Opinion

Scott v. Royston

Supreme Court of Missouri

Decided November 27, 1909PublishedCited by 30 opinions

Appeal from Daviess Circuit Court. — Hon. Frank Sheets, Special Judge. (1) That a judgment may be valid and binding, the court rendering it must have jurisdiction of the persons of the parties involved. A judgment without jurisdiction is void. Wyth v. Lang, 54 Mo. App. 147; Caffery v. Mining Co., 95 Mo. App. 180. Judgment void unless party is properly brought into court and made a party to the suit.

Read the full summary

Appeal from Daviess Circuit Court. — Hon. Frank Sheets, Special Judge. (1) That a judgment may be valid and binding, the court rendering it must have jurisdiction of the persons of the parties involved. A judgment without jurisdiction is void. Wyth v. Lang, 54 Mo. App. 147; Caffery v. Mining Co., 95 Mo. App. 180. Judgment void unless party is properly brought into court and made a party to the suit. Trust Co. v. Railroad, 195 Mo. 669; Graton v. Land and L. Co., 189 Mo. 322; Turner v. Gregory, 151 Mo. 100; Vincent v. Means, 184 Mo. 327; Spars v. Land Co., 186 Mo. 656; Gillingham v. Brown, 187…

1Opinion of the CourtWoodson, J.

The plaintiffs brought this suit in the circuit court of Daviess county to determine title to the lands described in the petition. The court found for the defendants and entered judgment accordingly, from which plaintiffs duly appealed.

The facts are few and simple, and are substantially as follows:

*574One Andrew J. Scott in Ms lifetime owned and occupied the land in controversy as a homestead, which contained one hundred and seven acres, not exceeding in value the sum of $1500. There was a school fund mortgage for the sum of $65.35 existing against fifty acres of the homestead, bearing six per…

2Cases cited65 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  3. Williamson v. BerrySupreme Court of the United States · 1850
  4. Borden v. FitchNew York Supreme Court · 1818
  5. Ferguson v. . CrawfordNew York Court of Appeals · 1877

60 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Trenton Trust Co. v. Western Surety Co.Supreme Court of Missouri · 1980
  2. Strahler v. St. Luke's HospitalSupreme Court of Missouri · 1986
  3. J. Edward Day v. William H. AveryCourt of Appeals for the D.C. Circuit · 1977
  4. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  5. Spotts v. SpottsSupreme Court of Missouri · 1932

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API