Anderson v. Brown
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The said writ was illegally issued, because issued on hearsay alone.
Read the full summary
APPEAL from St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The said writ was illegally issued, because issued on hearsay alone. The recital in the writ shows that it was issued on Dayton’s affidavit, and the matter of the affidavit which is the basis of the writ, is only the information to Dayton by Paulding ; 10 Wend. 420 ; II J. R. 175. 2. The judgment as against Anderson at least was illegal, because Anderson was not summoned under said writ, nor had any day in court, or other opportunity to defend or purge himself, and by the recital in the judgment, it appears that tbs court had no…
1Opinion of the CourtMcBride, J.
On the 19th Januiry, 1844, B. B. Dayton makes affidavit setting forth that on the 17th January, 1844, Squire Brown commenced suit, by consent, against Charles R. Anderson for his freedom in the St. Louis circuit court, and that an order was made by said court permitting said Brown to sue as a poor person, and that said Dayton be assigned as his counsel; that said Brown have reasonable liberty to see his counsel and attend the court, and that, he be not removed out of the jurisdiction of said court, nor be subjected to any severity on account of his suit;— that the defendant appeared by his…
2Cases cited3 opinions
- Tallman v. BigelowNew York Supreme Court · 1833
- Smith v. RossSupreme Court of Missouri · 1842
- Bascom v. YoungSupreme Court of Missouri · 1841
3Cited by4 opinions
- Napton v. LeatonSupreme Court of Missouri · 1879
- State Ex Rel. Fabrico v. JohnsonSupreme Court of Missouri · 1922
- Black v. PaulSupreme Court of Missouri · 1846
- Crary v. BarberSupreme Court of Colorado · 1869