Schenker v. Breece
Missouri Court of Appeals
Appeal from Maries Circuit Court. — Hon. William H. Martin, Judge. (1) It is elementary that the jurisdiction of courts of limited and inferior powers must somewhere appear on the face of the proceedings, otherwise their acts are void. Karnes y. Alexander, 92 Mo. 660; Rohland v. Railroad, 89 Mo. 180; Barhydt & Co. y. Alexander & Co., 59 Mo. App. 195; Kincaid v. Griffith, 64 Mo. App. 673; Ewing v. Donnelly, 20 Mo. App. 6; Robbins y.
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Appeal from Maries Circuit Court. — Hon. William H. Martin, Judge. (1) It is elementary that the jurisdiction of courts of limited and inferior powers must somewhere appear on the face of the proceedings, otherwise their acts are void. Karnes y. Alexander, 92 Mo. 660; Rohland v. Railroad, 89 Mo. 180; Barhydt & Co. y. Alexander & Co., 59 Mo. App. 195; Kincaid v. Griffith, 64 Mo. App. 673; Ewing v. Donnelly, 20 Mo. App. 6; Robbins y. Boulware, 190 Mo. 44. (1) This judgment should be affirmed upon the following authority: Blandón v. Martin, 50 M'o. App. 114; Catron v. Lafayette County, 125 Mo.…
1Opinion of the CourtEllison, J.
This proceeding arose on a motion to qnash an execution. The trial court overruled the motion and defendant appealed.
It appears from defendant’s statement that a judgment was rendered in 1891 before G. W. Terry,' J. P., in plaintiff’s favor against defendant. That an execution was issued on the judgment and a return of no property upon which to levy. Afterwards, in 1900, the judgment was revived before J. L. Eads, another justice. A transcript of such judgment was then filed with the clerk of the circuit court. That an execution was issued on such judgment and levied upon lands of the…
2Cases cited2 opinions
- Meyer Bros. Drug Co. v. BybeeSupreme Court of Missouri · 1904
- Blandon v. MartinMissouri Court of Appeals · 1892
3Cited by1 opinion
- Marshall v. TaylorMissouri Court of Appeals · 1913