Meyer v. Hartman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Want of' service of notice, or that appearance by attorney was-unauthorized, may be shown to impeach a foreign as well as domestic judgment. — Marx v. Fore, 57 Mo. 69. And. this can be done, even though the jurisdiction of the court, over the person appeared affirmatively from the record.— JEagler v. Stover, 59 Mo. 87 ; Gorbey v. Wright, 4 Mo.
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Appeal from the St. Louis Circuit Court, Thayer, J. Want of' service of notice, or that appearance by attorney was-unauthorized, may be shown to impeach a foreign as well as domestic judgment. — Marx v. Fore, 57 Mo. 69. And. this can be done, even though the jurisdiction of the court, over the person appeared affirmatively from the record.— JEagler v. Stover, 59 Mo. 87 ; Gorbey v. Wright, 4 Mo. App. 443 ; UTapton v. Leaton, 71 Mo. 358. The appeal or writ of error must be regarded notas a new suit, but rather as the continuation of an old one. Freem. on Judg., sect. 569. “When the court has…
1Opinion of the CourtThompson, J.
This was an action upon a judgment rendered in favor of the plaintiff and against the defendant in 1876, in the circuit court of Randolph County, Illinois. The answer admits the rendition of the judgment, but denies that the defendant appeared in his own proper person or by attorney. On the contrary, it alleges that the suit was begun in that, court in 1874; that such proceedings were had, that at a. trial in 1874, at which the defendant appeared, a judgment was rendered in his favor; that afterwards the plaintiff appealed to the supreme court of Illinois, and that, in 1876, the judgment was…
2Cases cited9 opinions
- Marx v. ForeSupreme Court of Missouri · 1872
- Napton v. LeatonSupreme Court of Missouri · 1879
- Eager v. StoverSupreme Court of Missouri · 1875
- Murray v. WhittakerIllinois Supreme Court · 1855
- Tripp v. DeBowNew York Supreme Court · 1850
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