Cummings v. Brown
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Sow. Jas. T. ■ Neville f Judge. (1) It has been expressly held by the court that where there is 'no indorsement upon the writ of summons or in the return to show when it was lodged with the clerk, the law will presume that it was not filed before the return day. Mark v. Hardy, 86 Mo. 233;: Guerney v. Moore, 131 Mo. 664. (2) If the return could have been amended, it is certainly not void in collateral attack.
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Appeal from Greene Circuit Court. — Sow. Jas. T. ■ Neville f Judge. (1) It has been expressly held by the court that where there is 'no indorsement upon the writ of summons or in the return to show when it was lodged with the clerk, the law will presume that it was not filed before the return day. Mark v. Hardy, 86 Mo. 233;: Guerney v. Moore, 131 Mo. 664. (2) If the return could have been amended, it is certainly not void in collateral attack. This is the settled doctrine in this. State. Hardin v. Lee, 51 Mo. 241; State ex rel. v. Ross,. 122 Mo. 471; Burnett v. McCiuey, 92 Mo. 230. The facts…
1Opinion of the CourtValliant, J.
Plaintiff sues in ejectment for the possession of a lot in the city of Springfield. At the trial it was admitted that the title to the lot was held in defendant Walter L. Wilson on May 6, 1896; that defendants were in possession when the suit was brought and so continued, and that the rental value of the property was eight dollars a month. Plaintiff introduced in evidence a deed from the sheriff of Greene county to her dated November 14, 1900. The deed recited that on August 16, 1900, a judgment was rendered in the circuit court of the county in favor of the State of Missouri at the relation…
2Cases cited3 opinions
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Dillon v. RashSupreme Court of Missouri · 1858
- Marks v. HardySupreme Court of Missouri · 1885
3Cited by16 opinions
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Williams v. SandsSupreme Court of Missouri · 1913
- Kunzi v. HickmanSupreme Court of Missouri · 1912
- Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
- Kelly v. MurdaghSupreme Court of Missouri · 1904
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