Hess v. Fox
Missouri Court of Appeals
Appeal from Cedar Circuit Court. — Hon. B. G. Thurman, Judge. (1) ' A bill in equity will lie to set aside a judgment procured by fraud, accident or mistake, and suck an action is a direct and not a collateral attack. Engler v. Knoblaugb, 131 Mo. App. 481; Graff y. Dougherty, 120 S. W. 661; Wilhite y. Perry, 66 Mo. App. 453. (2) When a cause is sent on change of yenue from one justice to another, notice of the time of trial must be served on both parties.
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Appeal from Cedar Circuit Court. — Hon. B. G. Thurman, Judge. (1) ' A bill in equity will lie to set aside a judgment procured by fraud, accident or mistake, and suck an action is a direct and not a collateral attack. Engler v. Knoblaugb, 131 Mo. App. 481; Graff y. Dougherty, 120 S. W. 661; Wilhite y. Perry, 66 Mo. App. 453. (2) When a cause is sent on change of yenue from one justice to another, notice of the time of trial must be served on both parties. R. S. 1899, secs. 3973-4. (3) Such notice can not be served on the attorney of a party, neither can the attorney waive it. Maxwell v.…
1Opinion of the CourtCox, J.
The evidence in this case shows that the notice of day of trial before Esquire Dale, after the case reached him on change of venue, was served on Bannister as attorney for this plaintiff, and this is the sole reliance of plaintiff for a reversal of this judgment. It is true that service of such notice upon the attorney of a *440party is not sufficient, and, hence, is the same as no notice. The want of such notice, however, is not jurisdictional and does not render the judgment, entered without such notice, void. [Cullen v. Collison, 110 Mo. App. 174, 80 S. W. 290.]
This judgment, then, was not…
2Cases cited5 opinions
- Sauer v. City of KansasSupreme Court of Missouri · 1878
- Goldie Construction Co. v. Rich Construction Co.Missouri Court of Appeals · 1905
- Million v. MillionMissouri Court of Appeals · 1904
- Cullen v. CollisonMissouri Court of Appeals · 1905
- Steyermark v. LandauMissouri Court of Appeals · 1907
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- Ryan v. HughesMissouri Court of Appeals · 1917
- Standard Electrical Co. v. LugarMissouri Court of Appeals · 1943