State ex rel. Snyder v. Davidson
Supreme Court of Missouri
Error to Adair Circuit Court. — Hon. Andrew Ellison, Judge. The court had no jurisdiction by the order'of publication made in this case to authorize the judgment. When the plaintiff took judgment for the sum of $6.18 there were no facts in the petition to support it. A judgment in excess of the relief asked renders the judgment void. The plaintiff cannot have other or different relief than that prayed for in the petition.
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Error to Adair Circuit Court. — Hon. Andrew Ellison, Judge. The court had no jurisdiction by the order'of publication made in this case to authorize the judgment. When the plaintiff took judgment for the sum of $6.18 there were no facts in the petition to support it. A judgment in excess of the relief asked renders the judgment void. The plaintiff cannot have other or different relief than that prayed for in the petition. Moore v. Dixon, 50 Mo. 424; Maupin v. Triplett, 5 Mo. 422; Gar v. Edwards, 1 Mo. 137; Janney v. Spedden, 38 Mo. 395; Pitkin v. Yaw, 13 111. 252.
1Opinion of the CourtBuaok, J.
Special judgment was rendered against the defendant enforcing the lien for taxes on one hundred and twenty acres of land for the year 1877, the subsequent taxes having been paid. The land was sold on execution for three dollars, it being of the value of from two to three dollars per. acre. The judgment was for $6.18, when according to the prayer of the petition and the order of publication, it could not have exceeded $5.74. Because of this excess'of forty-four cents, the defendant learning of the sale, appeared by his agent at the same term at which the sale was made, and moved to set it…
2Cited by2 opinions
- Germo Manufacturing Co. v. CombsSupreme Court of Missouri · 1921
- Moore v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906