Ellis v. Nuckols
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) While the case at bar is in many respects similar to the case of Smoot v. Judd, 184 Mo. 508, yet the law as laid down by the majority in that case is not applicable to the facts in this. In the Smoot case, everything was regular. That is, the return of the officer showed not only a personal service, but the service itself was in the statutory time for actions of that kind.
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Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) While the case at bar is in many respects similar to the case of Smoot v. Judd, 184 Mo. 508, yet the law as laid down by the majority in that case is not applicable to the facts in this. In the Smoot case, everything was regular. That is, the return of the officer showed not only a personal service, but the service itself was in the statutory time for actions of that kind. In the case at bar, not only is it alleged in the petition and shown by the alleged return of the officer serving it, but admitted by the defendant in…
1Opinion of the CourtKennish, P. J.
This is a suit instituted in the circuit court of Lincoln county to enjoin a levy upon and sale of plaintiff’s property under an execution issued on a judgment rendered by a justice of the peace against the plaintiff, and to have said judgment adjudged null and void. A general demurrer to the amended petition was sustained by the circuit court. The plaintiff declined to further plead and final judgment was rendered against him, from which judgment he appealed to this court.
The facts alleged in the amended petition were, in substance, as follows:
That on October 24, 1906, Abraham Duff filed a…
2Cases cited11 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Leonard v. SparksSupreme Court of Missouri · 1893
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Seals v. McGuireSupreme Court of Missouri · 1980
- Johnson v. Wilson EstateMissouri Court of Appeals · 1953
- In re the Marriage of BenzMissouri Court of Appeals · 1984
- Mattocks v. Van AsmusMissouri Court of Appeals · 1914
- State Ex Rel. Fabrico v. TrimbleSupreme Court of Missouri · 1925
3 more not listed; retrieve them via the Exa API.