Nelson v. Brown
Supreme Court of Missouri
Error to St. Louis Circuit Court. The facts of this case, so far as it is necessary to set them forth, are as follows : Nelson, the defendant in error, obtained a judgment in an action of replevin, against Brown, plaintiff in error, in the St. Louis Circuit Court, for one cent damages and costs. The date of this judgment is January 20th, 1851. On the 22d day of March, 1854, an alias execution issued upon this judgment, returnable to the April term of said court.
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Error to St. Louis Circuit Court. The facts of this case, so far as it is necessary to set them forth, are as follows : Nelson, the defendant in error, obtained a judgment in an action of replevin, against Brown, plaintiff in error, in the St. Louis Circuit Court, for one cent damages and costs. The date of this judgment is January 20th, 1851. On the 22d day of March, 1854, an alias execution issued upon this judgment, returnable to the April term of said court. On the 24th of January, 1855, during the November term, 1854, of the Circuit Court, the sheriff returned said execution to the…
1Opinion of the CourtSoott, Judge
As this was a motion to set aside the proceedings under an execution issued from the Circuit Court of St. Louis county, that court was the proper forum for such an application. Every court has the exclusive control of its process, and no other tribunal can properly interfere with it. (Pettus v. Elgin, 11 Mo. 411; McDonald v. Tieman, 17 Mo. 604.) There is therefore nothing in the point, that, as this proceeding involved the validity of a sheriff’s deed, which conveyed title to real es - tate, it should have been begun in the St. Louis Land Court.
*20It would seem on principle, that motions to set…
2Cases cited1 opinion
- Pettus v. ElginSupreme Court of Missouri · 1848
3Cited by16 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Beedle v. MeadSupreme Court of Missouri · 1883
- Holden v. VaughanSupreme Court of Missouri · 1877
- State ex rel. Marrs v. WessellSupreme Court of Missouri · 1911
- American Wine Co. v. ScholerSupreme Court of Missouri · 1885
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