Hopkins v. McGee
Supreme Court of Missouri
Error to Kansas City Court of Common Pleas. I. A final judgment was irregularly and improperly rendered at the time it was done. A writ of inquiry of damages should have been returnable to a subsequent term of the court. (Prac. Act, 2 R. C., art. 12, § 10, p. 1280.) I. The inquiry and assessment of damages having been made at a term subsequent to the return term, and the defendant having been duly served, were properly made, and final judgment regularly taken at that term.
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Error to Kansas City Court of Common Pleas. I. A final judgment was irregularly and improperly rendered at the time it was done. A writ of inquiry of damages should have been returnable to a subsequent term of the court. (Prac. Act, 2 R. C., art. 12, § 10, p. 1280.) I. The inquiry and assessment of damages having been made at a term subsequent to the return term, and the defendant having been duly served, were properly made, and final judgment regularly taken at that term. (Doane et al. v. Holly et al. 26 Mo. 187.)
1Opinion of the CourtDryden, Judge
This was a suit for the recovery of specific personal property returnable to the November term, 1861. So far as the record shows, nothing was done in the case, either at the return term or the May term, 1862, if in fact those terms were held. The defendant being in default-at the November term, 1862, an interlocutory judgment was rendered against him, and at the same time the damages were assessed and the judgment made final. The defendant then appeared and moved the court to set aside the final judgment, because it was prematurely rendered; but the motion being overruled, he has appealed to…
2Cited by3 opinions
- Lawther v. AgeeSupreme Court of Missouri · 1864
- Nave v. ToddSupreme Court of Missouri · 1884
- Shaw v. GregoireSupreme Court of Missouri · 1864