Craig v. Smith
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—ITon. Jos. P. Grubb, Judge. Tbe motion to vacate the judgment was the proper proceeding and should have been sustained, and the record thereby cured of its falsity. Wag.
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Appeal from Buchanan Circuit Court.—ITon. Jos. P. Grubb, Judge. Tbe motion to vacate the judgment was the proper proceeding and should have been sustained, and the record thereby cured of its falsity. Wag. Stat. vol. 2, p. 1062 § 26, p. 1034 § 6, p. 1037 § 23; 2 Tidds Practice, 1191,1136. Powell v. Gott, 13 Mo. 458 ; Gott v. Powell, 41 Mo. 416; Downing v. Still, 43 Mb. 309; JSx-parte Toney, 11 Mo. 663; De Daney v. Brownell, 4 Johnson 136; Denton v. Noyes, 6 Johnson 295; Critchfieltl v. Porter, 3 Ohio 518; Warren v. Dusk, 16 Mo. 102 ; Bigelow' v. Saunders, 22 Barb. 147 ; Kasson v. Mills, 8…
1Opinion of the CourtNorton, J.
At the September term, 1874, of the Buchanan Circuit Court, plaintiffs dismissed their suit as to defendant Howard, and took judgment against Smith and Van Camp for $838.85. At the July term, 1875, of said court, defendant Van Camp filed his motion to vacate and set aside said judgment, because at the time of its rendition, the said court had no jurisdiction of the person of the said Van Camp. This motion was overruled, and to correct the alleged error of the trial court in this respect, defendant has appealed to this court. In support of his motion defendant offered in evidence the following…
2Cited by27 opinions
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