Ewing v. Donnelly
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M.. Thayer, Judge. A motion filed before the circuit court from which the execution issued, to suppress such execution, is the proper remedy in this-case. Const, of Mo., art.. 6, sect. 23; Dillon v. Rash, 27 Mo. 243; Bain v. Chrisman, 27 Mo. 293; Ruby v. Hannibal & St. Jo.
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Appeal from the St. Louis Circuit Court, Amos M.. Thayer, Judge. A motion filed before the circuit court from which the execution issued, to suppress such execution, is the proper remedy in this-case. Const, of Mo., art.. 6, sect. 23; Dillon v. Rash, 27 Mo. 243; Bain v. Chrisman, 27 Mo. 293; Ruby v. Hannibal & St. Jo. R. R. Co., 39 Mo. 480; Caldwell v. Fea, 54 Mo. 55. Unless the plaintiff took all the necessary-steps before process issued, to give the justice jurisdiction of the'subject matter of the case, the proceedings before the justice are void, and this matter will be looked into by the…
1Opinion of the CourtRombatieb, J.
The defendant, Walker, is the owner of certain real estate in the city of St. Louis, and the plaintiff obtained a judgment on a mechanic’s lien against this property before a justice of the peace under the provisions of article 4, chapter 44, Revised Statutes. The defendant *8appealed from such judgment but his appeal was dismissed in the circuit court for want of notice.
A transcript of the justice’s judgment was thereupon filed in the clerk’s office of the circuit court, and an execution issued thereon under the provisions of section 2878, Revised Statutes, against James E. Donnelly, the…
2Cases cited14 opinions
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Haggard v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Frazer v. RobertsSupreme Court of Missouri · 1862
- Bradish v. JamesSupreme Court of Missouri · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sappington v. LenzMissouri Court of Appeals · 1893
- Wise v. LoringMissouri Court of Appeals · 1893
- George F. Robertson Plastering Co. v. AltmanSupreme Court of Missouri · 1968
- Kincaid v. GriffithMissouri Court of Appeals · 1896
- Schroeder v. FrederickMissouri Court of Appeals · 1888
11 more not listed; retrieve them via the Exa API.