Davis v. Wood
Supreme Court of Missouri
Error to Circuit Court of Saline county. 1st. That there was no judgment in one of the cases in the transcript of judgment offered. It contains a statement of debt and interest and costs ; and the entry is “the defendant appeared and acknowledged that the above is just.” 2d. The transcripts show no written confession of judgment signed by the party, and is void by statute. See Digest. 3d.
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Error to Circuit Court of Saline county. 1st. That there was no judgment in one of the cases in the transcript of judgment offered. It contains a statement of debt and interest and costs ; and the entry is “the defendant appeared and acknowledged that the above is just.” 2d. The transcripts show no written confession of judgment signed by the party, and is void by statute. See Digest. 3d. The executions purporting to issue thereon, do not run in the name of the State, and are void. The caption of each is “State of Missouri, County of Saline, ss. to wit: To the Constable, &c.” 4th. The law is,…
1Opinion of the Court
Opinion of the Court by
Scott, Judge.
The plaintiff brought an action of trespass quare clausum fregit, against the defendant for breaking and entering his close, and taking away his goods. The defendant pleaded not guilty and justification, alleging that he acted as agent of one Thomas Duncan, who had obtained two judgments against one Harlow, on which executions were issued and delivered to the constable. That the said Harlow had goods locked up in the house in the declaration mentioned, and that the plaintiff was requested to open the door of the house, that the executions might be levied,…
2Cited by9 opinions
- City of Cape Girardeau v. RileySupreme Court of Missouri · 1873
- State v. FosterSupreme Court of Missouri · 1876
- Jump v. McClurgSupreme Court of Missouri · 1864
- Doan v. BoleySupreme Court of Missouri · 1866
- Gilbert v. GilbertMissouri Court of Appeals · 1888
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