Creason v. Yardley
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. Fred Lamb, Judge. (1) All writs and process sliall run in tlie name of tlie State of Missouri. Sec. 38, art. 6, Mo. Constitution. (2) Although this requirement of tlie Constitution is directory, and its omission only an irregularity, yet it can be taken advantage of (as was done in this case) by motion to quash.
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Appeal from Sullivan Circuit Court. — Hon. Fred Lamb, Judge. (1) All writs and process sliall run in tlie name of tlie State of Missouri. Sec. 38, art. 6, Mo. Constitution. (2) Although this requirement of tlie Constitution is directory, and its omission only an irregularity, yet it can be taken advantage of (as was done in this case) by motion to quash. Doan v. Boley, 38 Mo. .449. . (3) Error apparent on the face of the record, which includes the pleadings, summons (order of publication) and judgment, may be taken advantage of in the Supreme Court whether any motion was made or exceptions…
1Opinion of the Court
RAILEY, C.
On February 2,1914, plaintiff filed in the circuit court of Sullivan County, Missouri, his petition against the' above named defendants, to quiet title to the northwest quarter of the southwest quarter of Section 36, Township 61, Eange 21, located in Sullivan County, Missouri. Said petition avers:
“That the defendants and each of them claim and assert title to the aforesaid real estate, and that the claims of said defendants are adverse and prejudicial to the title and interest of plaintiff in said real property. Wherefore, plaintiff prays the court to try, ascertain and determine…
2Cases cited6 opinions
- City of Cape Girardeau v. RileySupreme Court of Missouri · 1873
- State v. FosterSupreme Court of Missouri · 1876
- City of St. Louis v. FosterSupreme Court of Missouri · 1873
- Davis v. WoodSupreme Court of Missouri · 1841
- State ex rel. Norvell-Shapleigh Hardware Co. v. CookSupreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Sligo Furnace Co. v. LaidleySupreme Court of Missouri · 1921
- State v. AdkinsSupreme Court of Missouri · 1920