Crowley v. Wallace
Supreme Court of Missouri
ERROR TO HENRY CIRCUIT COURT. 1st. The summons issued by the justice of the peace was not so served as to authorize a judgment by default against Wm. Crowley Sr. It does not appear that the writ was served in the township. 2d. The first execution issued by the justice does not appear to have evei been returned, and thus the second was improperly issued. 3d.
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ERROR TO HENRY CIRCUIT COURT. 1st. The summons issued by the justice of the peace was not so served as to authorize a judgment by default against Wm. Crowley Sr. It does not appear that the writ was served in the township. 2d. The first execution issued by the justice does not appear to have evei been returned, and thus the second was improperly issued. 3d. The return of the constable on the execution issued 7th July 1845 is insufficient to authorize the clerk to issue on the transript. At that time the constable had jurisdiction to levy and sell under executions throughout the county and it…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
This was an action of ejectment to recover a tract of land, described in the declaration as the se. qr. and e. hf. of ne. qr. of sec. 2, the se. qr. of sw. qr. of sec. 1 and the e. hf of ne. qr. of sec. 5, all in town. 40 R. 27. Th'e plaintiffs had a verdict and judgment. The title was as follows: 1st. An original summons issued by a justice of the peace, requiring William Crowley to appear before him on the 22d July 1844, in the matter of B. F. & T. B. W. vs. Crowley, on which was returned: <£ Summons served by reading the same to W. Crowley…
2Cited by14 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Leonard v. SparksSupreme Court of Missouri · 1893
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- Boker v. ChaplineSupreme Court of Iowa · 1861
- Belk v. HamiltonSupreme Court of Missouri · 1895
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