Walter v. Tabor
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Walter brought an action of forcible entry and detainer against Catheart before a justice of the peace. Catheart removed the cause by certiorari to the Circuit Court, giving bond conditioned as required by statute, in the sum of $1000, with Patrick T. MeSherry, as security. While the case ivas pending in the Circuit Court, the plaintiff moved for an order on the defendant to give additional security.
Read the full summary
Error to St. Louis Court of Common Pleas. Walter brought an action of forcible entry and detainer against Catheart before a justice of the peace. Catheart removed the cause by certiorari to the Circuit Court, giving bond conditioned as required by statute, in the sum of $1000, with Patrick T. MeSherry, as security. While the case ivas pending in the Circuit Court, the plaintiff moved for an order on the defendant to give additional security. This motion was sustained, and the defendant ordered to give, “ in addition to the bond already given,” a further bond, with sufficient security, in the…
1Opinion of the Court
Leonard, Judge.
The judgment of an inferior court affirmed here, is a subsisting valid judgment in the court where it was originally rendered, and may be carried into execution accordingly. This is settled practice, and has been repeatedly recognized in this court, and we cannot allow it to be now drawn in question. (Meyer v. Campbell, 12 Mo. Rep. 602. Wilburn’s Adm’r v. Hall, 17 Mo. Rep. 471.)
We discover no variance between the recognizance sued upon and the one given in evidence. Let the judgment be affirmed.
2Cases cited2 opinions
- Milan ex rel. Crockett v. PembertonSupreme Court of Missouri · 1849
- Wilburn's Administrator v. HallSupreme Court of Missouri · 1853
3Cited by3 opinions
- Block v. MorrisonSupreme Court of Missouri · 1892
- Slagel v. MurdockSupreme Court of Missouri · 1877
- International Bank v. PoppersIllinois Supreme Court · 1882