State Ex Rel. Williams v. Berrey

BARDGETT, Judge.

The questions in this prohibition appeal involve the replevin statutes of Missouri. They are: (1) does a magistrate court have the jurisdiction to enter a default judgment for possession where there has been no service of process on the defendant but the chattels have been taken by the sheriff pursuant to a replevin writ and bond and delivered to the plaintiff, and (2) whether or not property was taken from the possession of relator-appellant in violation of the due process clause of the U.S. Const., Amendment 14, under Fuentes v. Shevin and Parham v. Cortese, 407 U.S. 67, 92…