Missouri, Kansas & Eastern Railway Co. v. Hoereth
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) A court of equity will not restrain or annul a void judgment, at law. In the case at bar the judgment is either void for want of service, or valid. St. Louis v. Flynn, 128 Mo. 413. (2) There is proof that an execution was issued; there is no proof of a levy, or of any attempt at the service of the writs of execution.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) A court of equity will not restrain or annul a void judgment, at law. In the case at bar the judgment is either void for want of service, or valid. St. Louis v. Flynn, 128 Mo. 413. (2) There is proof that an execution was issued; there is no proof of a levy, or of any attempt at the service of the writs of execution. It will be presumed that a sheriff would refuse to execute a writ based upon a void judgment. Plaintiff had a full remedy at law; no necessity for the intervention of a court of equity is shown. (3) The action…
1Opinion of the CourtBurgess, J.
This is a proceeding in equity by which plaintiff seeks to have annulled and vacated the judgment of a justice of the peace in favor of defendant Hoereth for the possession of a certain tract of land, and $1,000 damages, rendered in an action of forcible entry and detainer, wherein Hoereth was plaintiff and the Missouri, Kansas and Eastern Railway Company was defendant. Plaintiff had judgment in the court below, from which defendant appealed.
At the time of the institution of the action of forcible entry and detainer, as well also as at the time of the commencement of this suit, plaintiff was…
2Cases cited9 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Crandall v. BaconWisconsin Supreme Court · 1866
- Potwine's Appeal from ProbateSupreme Court of Connecticut · 1863
- St. Louis, Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harris v. SmileySupreme Court of Oklahoma · 1912
- Young v. DowneySupreme Court of Missouri · 1899
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Farris v. SmithpeterMissouri Court of Appeals · 1914
- Howlett v. TurnerMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.