Holt County v. Cannon
Supreme Court of Missouri
Appeal from Holt Circuit Cov/rt.—Hon. C. A. Anthony, Judge. This present action cannot be maintained because the original judgment is absolutely void for two reasons : First. Because the petition upon which the judgment was rendered was radically and fatally defective in failing to state a cause of action. Second. Because the plaintiff, Holt county, had no interest in the subject-matter, directly or indirectly, and no authority under the law to maintain such an action.
Read the full summary
Appeal from Holt Circuit Cov/rt.—Hon. C. A. Anthony, Judge. This present action cannot be maintained because the original judgment is absolutely void for two reasons : First. Because the petition upon which the judgment was rendered was radically and fatally defective in failing to state a cause of action. Second. Because the plaintiff, Holt county, had no interest in the subject-matter, directly or indirectly, and no authority under the law to maintain such an action. The petition nowhere alleges, and truthfully too, that the plaintiff had paid out any money on said warrants, or that the…
1Opinion of the CourtBrace, J.
This cause is certified here from the Kansas City court of appeals under the constitutional amendment, for the reason that “a county is a party.”
It appears from the record that on the twenty-first of August, 1875, the plaintiff obtained judgment in the circuit court of Holt county against the defendant for $625.54. That afterwards, in a proper proceeding in said circuit court, said judgment was on the thirteenth day of January, 1879 duly revived, and afterwards on the twelfth day of September, 1882 was again duly revived in said court. At the August term, 1888, a petition was filed in said…
2Cases cited2 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
3Cited by18 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Blanchard v. DormanSupreme Court of Missouri · 1911
- Shuler v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1901
13 more not listed; retrieve them via the Exa API.