St. Louis, Iron Mountain & Southern Railway Co. v. Reynolds
Supreme Court of Missouri
Appeal from Butler Circuit Court. — EL H. Bedford, Esq., Special Judge. This was a suit brought iu the circuit court of Butlei county by the appellant to restrain by injunction the collection of a judgment purporting to be rendered in favor of the defendant, M. L. Reynolds,, by a justice of the peace of said county. A judgment obtained before a justice of the peace without notice and without appearance or defence, and void on its face, should be enjoined.
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Appeal from Butler Circuit Court. — EL H. Bedford, Esq., Special Judge. This was a suit brought iu the circuit court of Butlei county by the appellant to restrain by injunction the collection of a judgment purporting to be rendered in favor of the defendant, M. L. Reynolds,, by a justice of the peace of said county. A judgment obtained before a justice of the peace without notice and without appearance or defence, and void on its face, should be enjoined. High on Inj., sec. 126; Ridgway v. Bank, 11 Humph. 523; Snider v. Railroad, 73 Mo. 465; Wetzell v. Waters, 18 Mo. 396 ; Roach v. Burnes, 33…
1Opinion of the CourtSherwood, J.
If the justice of the peace had acquired no jurisdiction, as the petition alleges, the railway company has no need to come into a court of equity to enjoin proceedings which are void ab initio. If the judgment of the justice is void, then will the execution issued thereon be void also, and equity will not interfere to do a nugatory act. The remedy of the railway is ample and adequate at law, and this prevents the interposition of a court of equity, as a suit could be maintained against the constable as a trespasser, and the purchaser’s pretended title would be valueless. This is elementary…
2Cases cited3 opinions
- Sayre v. TompkinsSupreme Court of Missouri · 1856
- First National Bank v. MeredithSupreme Court of Missouri · 1869
- Deane v. ToddSupreme Court of Missouri · 1855
3Cited by14 opinions
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Hockaday v. JonesSupreme Court of Oklahoma · 1899
- Benton County v. MorganSupreme Court of Missouri · 1901
- McLean v. TerritoryArizona Supreme Court · 1903
- Henman v. WestheimerMissouri Court of Appeals · 1905
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