Marx v. Fore
Supreme Court of Missouri
jError to Cape Girardeau Court of Common Pleas. Fraud charged in general terms is a good defense, and it is error to exclude proof of it (Edgell v. Seigerson, 20 Mo. 494), more especially where, as in the case at bar, a replication had been filed to this count.
Read the full summary
jError to Cape Girardeau Court of Common Pleas. Fraud charged in general terms is a good defense, and it is error to exclude proof of it (Edgell v. Seigerson, 20 Mo. 494), more especially where, as in the case at bar, a replication had been filed to this count. But the error mainly relied on in this case as a ground for reversal, is the refusal of the court to hear parol proof denying service of process, and of the authority of any one to enter an appearance for defendant in the suit in Mississippi. To his counsel, plaintiff in error earnestly insists that he “knew nothing whatever of any…
1Opinion of the CourtBliss, Judge
This was a suit upon the record of- a judgment rendered in Mississippi, and though many questions are raised, I will consider but one. For one of his defenses the defendant set forth the alleged indebtedness for which the judgment was rendered, charged that it was paid off and discharged before the suit was instituted; that he had left Mississippi and was not a resident of that State when it was instituted; that no service of process was had upon him; that he did not know of the suit and never authorized any one to appear to it for him. The Mississippi record shows appearance by attorney and…
2Cases cited11 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Christmas v. RussellSupreme Court of the United States · 1866
- Starbuck v. MurrayNew York Supreme Court · 1830
- Kerr v. . KerrNew York Court of Appeals · 1869
- Pearce v. OlneySupreme Court of Connecticut · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Reed v. ReedMichigan Supreme Court · 1883
- Stuart Ex Rel. Stuart v. DickinsonSupreme Court of Missouri · 1921
- Leichty v. Kansas City Bridge Co.Supreme Court of Missouri · 1945
23 more not listed; retrieve them via the Exa API.