Smith v. Young
Supreme Court of Missouri
APPEAL from Jackson Circuit Court. 1. All the proceedings in the cause are erroneous from the beginning,, because ihe original itself was and is void in law, and that as the defendant made his objection (o its validity upon the return day thereof, before the justice of the peace, and the same was overruled and mentioned in the record of the justice, as is specified in ihe statute, the defendant, though compelled by this judicial error'to answer over to the merits of the…
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APPEAL from Jackson Circuit Court. 1. All the proceedings in the cause are erroneous from the beginning,, because ihe original itself was and is void in law, and that as the defendant made his objection (o its validity upon the return day thereof, before the justice of the peace, and the same was overruled and mentioned in the record of the justice, as is specified in ihe statute, the defendant, though compelled by this judicial error'to answer over to the merits of the action, now has the same right to insist upon the objection that he had in the beginning. 2. The court erred in refusing to…
1Opinion of the CourtNapton, J.
This was an action on a note for $125, given by Smith to Brooking and assigned to the plaintiff, Young. The suit was brought before Elijah Flournoy, a justice of the peace of Jackson county, and the summons directed the defendant to appear before “one of the justices of the peace,” &c., “at my office.” In other respects, the form of the summons did not vary from the one given in the statute. On the return day, the defendant appeared and moved to quash the writ — but the motion was overruled and a judgment rendered against the defendant. On appeal to the Circuit Court, the motion to quash was…
2Cited by1 opinion
- Mitchell v. CurranMissouri Court of Appeals · 1876