Graff v. Dougherty
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. When a case is sent by change of venue from one justice of the peace to another, a judgment rendered by the latter, in the cause, against one of the parties who had not been served with notice in like manner as an original writ of summons is required to be served, and who has not waived such service by voluntarily entering his appearance in the case, is premature and irregular.
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Appeal from the St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. When a case is sent by change of venue from one justice of the peace to another, a judgment rendered by the latter, in the cause, against one of the parties who had not been served with notice in like manner as an original writ of summons is required to be served, and who has not waived such service by voluntarily entering his appearance in the case, is premature and irregular. R. S. 1899, sec. 3974; Cullen v. Collison, 110 Mo. App. 174. Judgments will be set aside for irregularity where the party against whom it…
1Opinion of the Court
NORTONI, J. —
This appeal is from a ruling of the circuit court on a motion to set aside a judgment and recall an execution. It appears plaintiff instituted his suit against defendant in the justice of the peace court of the city of St. Louis. The defendant was personally served by writ of summons and appeared to the action. *58He filed his application for, and was granted, a change of venue to another justice of the peace court in the same district. The justice of the peace to whose court the cause was transmitted on change of venue set the case for hearing on September 1st, and issued a notice…
2Cases cited10 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Downing v. StillSupreme Court of Missouri · 1869
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- C. Aultman & Co. v. DaggsMissouri Court of Appeals · 1892
- Mayberry v. McClurgSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Pickel v. PickelMissouri Court of Appeals · 1913
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