Truesdail v. McCormick
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Or. D. Bubgess, Judge. (1) The judgment entered January 5, 1881, in the proceedings of McCormick against this respondent and her husband, they both having been properly served and being at the time thereof in court in person and by counsel and agreeing thereto, was valid and binding upon respondent, hence the court erred in holding the same void and rendering its judgment in this cause.
Read the full summary
Appeal from Grundy Circuit Court. — Hon. Or. D. Bubgess, Judge. (1) The judgment entered January 5, 1881, in the proceedings of McCormick against this respondent and her husband, they both having been properly served and being at the time thereof in court in person and by counsel and agreeing thereto, was valid and binding upon respondent, hence the court erred in holding the same void and rendering its judgment in this cause. Freeman on Judgments [2 Ed.], secs. 149, 150. (2) There was no sufficient allegation in the petition, nor any evidence whatever, to justify the setting aside of said…
1Opinion of the CourtBarclay, J.
— This action was begun in October, 1891, since the enactment of section 1996, R. S. 1889.
The petition presents two distinct claims for the recovery of certain real property in Grundy county.
The first count seeks to set aside an old judgment ■under which the defendants claim title, and to revest the title in the present plaintiff.
The second count is a plain statement in ejectment for the same land.
The answer denies the charges of the petition; sets np the statute of limitations, and asserts that the judgment sought to be annulled, was based upon personal service on the then defendánt (now the…
2Cases cited6 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Nearen v. BakewellSupreme Court of Missouri · 1892
- Nearen v. BakewellMissouri Court of Appeals · 1890
- Benjamin v. BartlettSupreme Court of Missouri · 1831
- Pemberton v. JohnsonSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Wright v. WrightSupreme Court of Missouri · 1942
- Weiss v. CoudreyMissouri Court of Appeals · 1903
- Ketchum v. ChristmanSupreme Court of Missouri · 1895