Legal Opinion

State ex rel. Bond v. Berry

Missouri Court of Appeals

Decided May 4, 1880PublishedCited by 2 opinions

Appeal from the St. Louis Circuit Court, Wickham, J. Covenant Ins. Co. v. Clover, 36 Mo. 392 ; Craig v. Smith, 65 Mo. 336. Swinney v. Watkins, 22 G-a. 570 ; Shorter v. Mims, 18 Ala. 638; Skidmore v. Bradford, 4 Pa. St. 296; Hendrickson v. Railroad, 34 Mo. 188 ; Merrick v. Merrick, 5 Mo. App. 123.

1Opinion of the Court

Lewis, P. J.’,

delivered the opinion of the court.

A judgment was rendered against four defendants, one of whom, according to the sheriff’s return, had not been served with process. At a succeeding term of the court another defendant, who had been duly served, filed a motion to quash the execution, on the ground that the judgment was void as to the defendant not served; and, being void as to one defendant, was void as to all. The motion was overruled.

It may be questioned whether, by any proceeding, a judgment which is unexceptioable as to one defendant, may be attacked by him because of its…

2Cases cited1 opinion

  1. Craig v. SmithSupreme Court of Missouri · 1877

3Cited by2 opinions

  1. Crouch v. HoltermanSupreme Court of Missouri · 1917
  2. Barber Asphalt Paying Co. v. KieneMissouri Court of Appeals · 1903

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