Hunter v. Reinhard
Supreme Court of Missouri
ERROR TO LAFAYETTE CIRCUIT COURT. 1. The only point raised in the court below, and it is the only point in dispute, is whether the judgments by confession, rendered by the justice, on a day different from the day set by him for his law day, is void. The judgments rendered were within the jurisdiction of the justice, and the requisites of the statute being complied with, the justice had the power to render said judgments on any day.
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ERROR TO LAFAYETTE CIRCUIT COURT. 1. The only point raised in the court below, and it is the only point in dispute, is whether the judgments by confession, rendered by the justice, on a day different from the day set by him for his law day, is void. The judgments rendered were within the jurisdiction of the justice, and the requisites of the statute being complied with, the justice had the power to render said judgments on any day. Sections 1, 2, art. 6, under head Justices’ Courts, Rev. Stat. of 1845. 8. The law gives no day for justices to hold their courts, and the day for the trial of…
1Opinion of the CourtRyland, J.
The points involved in this case are, in principle and in fact, so very similar to those decided by this court at last October term at St. Louis, in the case of Oyster v. Shumate,(a) that we refer to the opinion of the court in that case, and adopt it as the one governing this.(b) The judgment of the Circuit Court is therefore affirmed.(a) 12 Mo. R. 580, and note.(b) Chamberlain v. Monmouth, 20 Mo. R. 96; Franse v. Owens, 25 Mo. R. 329. But see Huff v. Knapp, 17 Mo. R. 414.
2Cited by2 opinions
- Wade v. SwopeMissouri Court of Appeals · 1904
- Huff v. KnappSupreme Court of Missouri · 1853