Monks v. Strange
Missouri Court of Appeals
Appeal from the Howell County Circuit Court, J. E. Woodside, Judge. The affidavit was insufficient to give the circuit court jurisdiction of the cause of action and the judgment is void.
Read the full summary
Appeal from the Howell County Circuit Court, J. E. Woodside, Judge. The affidavit was insufficient to give the circuit court jurisdiction of the cause of action and the judgment is void. The State v. Lawrence, 45 Mo. 492 ; Henderson v. Henderson, 55 Mo. 534; O'raves v. McHugh, 58 Mo. 499. The petition alleged that the amount recovered was fifty dollars with costs, so that the judgments sued on in this action was necessarily more than fifty dollars, and the petition also alleged that no part of said judgment or debt had been paid. It was necessary to plead this, and the defendant’s demurrer…
1Opinion of the CourtThompson, J.
This was an action in the circuit court on . a judgment of a justice of the peace, the record of which is alleged to have been destroyed by fire, the object of which seems to have been to secure an attachment against real estate of the defendant. The petition recites the recovery by the plaintiff of the judgment before the justice in the sum of fifty dollars, with costs, and, after reciting other facts, concludes by alleging that “the sum of fifty dollars is still due upon such judgment, with interest from the rendition of said judgment, for which he asks judgment.” A demurrer to the *14petition,…
2Cases cited18 opinions
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- George v. MiddoughSupreme Court of Missouri · 1876
- State ex rel. Missouri Mutual Life Insurance v. KingSupreme Court of Missouri · 1869
- Connor v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1875
- Turner v. BabbSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bradley, Wheeler & Co. v. AsherMissouri Court of Appeals · 1896
- Sheeilan & Loler Transportation Co. v. SimsMissouri Court of Appeals · 1887
- Deck v. WrightMissouri Court of Appeals · 1909