Hendrix v. Wright
Supreme Court of Missouri
Appeal from, Pettis Circuit Court. The judgment, so far as it is rendered in personam,, is clearly void for want of jurisdiction, and can be regarded as a nullity in a collateral procéeding. (Enos v. Smith, 7 Sm. & M. 85; 8 Sm. &M. 505.) Smith’s knowledge of the judgment and its invalidity was confined to the execution, which was a general one, reciting a judgment rendered by a court of general jurisdiction, and Smith had the right to suppose the judgment was valid.
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Appeal from, Pettis Circuit Court. The judgment, so far as it is rendered in personam,, is clearly void for want of jurisdiction, and can be regarded as a nullity in a collateral procéeding. (Enos v. Smith, 7 Sm. & M. 85; 8 Sm. &M. 505.) Smith’s knowledge of the judgment and its invalidity was confined to the execution, which was a general one, reciting a judgment rendered by a court of general jurisdiction, and Smith had the right to suppose the judgment was valid. Money paid on a-void judgment may be recovered back (Newdigate v. Davy, 1 Lord Raym. 742), and if the money had been paid over…
1Opinion of the CourtWagner, Judge
From the pleadings the facts in this case are briefly these r The administrator of Littlebury Hendrix, deceased, placed in the hands of the defendant Wright, an attorney at law, two notes for collection against one Atkinson. The notes were given for the purchase of real estate in Benton county, and Atkinson was a non-resident. Wright commenced a proceeding in the Benton County Circuit Court specifically against, the land to obtain a vendor’s lien, and Atkinson was 'notified by publication. Upon proof of publication being made, judgment was taken specially, giving a lien on the real estate,…
2Cited by3 opinions
- McKim v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1917
- City of St. Louis v. PriestSupreme Court of Missouri · 1886
- Clark v. CarterSupreme Court of Missouri · 1911