State ex rel. Bond v. Berry
Missouri Court of Appeals
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
- Craig v. SmithSupreme Court of Missouri · 1877
3Cited by2 opinions
- Crouch v. HoltermanSupreme Court of Missouri · 1917
- Barber Asphalt Paying Co. v. KieneMissouri Court of Appeals · 1903