Harbert v. Durden
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) It was the duty of the trial court to quash the execution, if the judgment upon which the same was bottomed was void, for lack of jurisdiction. A motion to quash was then the proper procedure. 1 Freeman on Executions (3 Ed.), sec. 73; Ex parte James; 59 Mo. 280; Newton v. Newton, 32 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) It was the duty of the trial court to quash the execution, if the judgment upon which the same was bottomed was void, for lack of jurisdiction. A motion to quash was then the proper procedure. 1 Freeman on Executions (3 Ed.), sec. 73; Ex parte James; 59 Mo. 280; Newton v. Newton, 32 Mo. App. 162; Henring v. Williams, 65 Mo. 446. (2) The only way in which proof of publication of any notice required by law to be published can be made is by the affidavit of the publisher, or printer, with a copy of the advertisement annexed.…
1Opinion of the CourtGoode, J.
This is an appeal from a judgment overruling a motion to> quash an execution. The execution was issued on a special judgment which had been *514rendered against certain land in Pemiscot county. Those lands were attached in this action, which was brought to recover damages for the breach of covenants in a deed. The petition, which was duly verified, contained an allegation that the defendants were non-residents of the State so that the ordinary process of law could not be served on them. On this verified allegation an order of publication wag directed to be published once a week for four…
2Cases cited8 opinions
- Martin v. BarbourSupreme Court of the United States · 1891
- Colton v. RupertMichigan Supreme Court · 1886
- Martin v. AllardSupreme Court of Arkansas · 1891
- Raley v. GuinnSupreme Court of Missouri · 1882
- Hedrix v. HedrixMissouri Court of Appeals · 1903
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3Cited by4 opinions
- Keaton v. JorndtSupreme Court of Missouri · 1909
- Van Natta v. Harroun Real Estate Co.Supreme Court of Missouri · 1909
- Huiskamp v. MillerSupreme Court of Missouri · 1909
- Jones v. EdemanSupreme Court of Missouri · 1909