Mechanics' Bank v. Mayer
Supreme Court of Missouri
Appeal from Bt. Louis City'Circuit Court. — Hon. W. H. Hornee, Judge. (1) A judgment creditor, whether subsequent or contemporaneous, may proceed by motion to set aside judgments confessed. (2) The movers are judgment creditors, notwithstanding the fact that their judgments are by confession and even bad (as to creditors), which we deny.
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Appeal from Bt. Louis City'Circuit Court. — Hon. W. H. Hornee, Judge. (1) A judgment creditor, whether subsequent or contemporaneous, may proceed by motion to set aside judgments confessed. (2) The movers are judgment creditors, notwithstanding the fact that their judgments are by confession and even bad (as to creditors), which we deny. They are good and unassailable as between the parties, and, like all judgments, cannot be attacked collaterally ; that is, cannot be questioned by respondent in this action. Bryan v. Miller, 28 Mo. 32; Bailey n: McGinnis, 57 Mo. 362; Yates v. Johnson, 87 Mo.…
1Opinion of the CourtBlack, J.
On the fourth of March, 1885, the Mechanics’ Bank, the firm of Lichtenstein Brothers & Company, and S. M. Lederer, procured judgments of confession against J. I. Mayer. The three last-named persons then filed their motion to set aside the judgment in favor of the Mechanics ’ Bank, which was overruled, and they appealed.
The motion is based on the ground that the statement on which the judgment by confession was entered is defective and insufficient in this, that it does not give a description of the bills of exchange; that there is no allegation that the bank paid any consideration for them:…
2Cases cited1 opinion
- Bryan v. MillerSupreme Court of Missouri · 1859
3Cited by4 opinions
- Hard v. FosterSupreme Court of Missouri · 1889
- J. H. Teasdale Commission Co. v. Van HardenbergMissouri Court of Appeals · 1893
- Kimbrough v. HinesSupreme Court of North Carolina · 1920
- Kimbrough v. HinesSupreme Court of North Carolina · 1921