Mattocks v. Van Asmus
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The court erred in refusing to sustain the petition for review and motion to set aside the judgment because tbe judgment grants other and different relief than that prayed for.in the petition. Downing et al. v. Stiel et al., 43 Mo. 309; Cross v. Gould, 131 Mo. App. 585; White v. McFarland, 148 Mo.
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Error to Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) The court erred in refusing to sustain the petition for review and motion to set aside the judgment because tbe judgment grants other and different relief than that prayed for.in the petition. Downing et al. v. Stiel et al., 43 Mo. 309; Cross v. Gould, 131 Mo. App. 585; White v. McFarland, 148 Mo. App. 338; Janney v. Spedden, 38 Mo. 395. (2) The judgment should be set aside because it is not supported by the allegations of the petition. The suit is brought in equity, but the court rendered only a legal judgment. Meyers v.…
1Opinion of the CourtEllison, P. J.
This is a petition by defendant for review of a judgment obtained against him by plaintiff on the 28th of March, 1912, for $1283. The petition was duly verified. The court denied the petition and defendant sued out a writ of error.
There are eight causes for review assigned in the petition. The first and second are that there was no *406service of summons of defendant or any member of his family, and that he had no knowledge of the institution of the suit, until after judgment was obtained and execution issued.
Before examining these we will notice the parts of the statute bearing on the question…
2Cases cited12 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Feurt v. CasterSupreme Court of Missouri · 1903
- Bowen v. HixonSupreme Court of Missouri · 1870
- Jackson v. FultonMissouri Court of Appeals · 1901
- Hyatt v. WolfeMissouri Court of Appeals · 1886
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3Cited by4 opinions
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Wyoming Pacific Oil Co. v. PrestonCalifornia Court of Appeal · 1959
- Patterson v. Fitzgibbon Discount Corp.Missouri Court of Appeals · 1960
- State Ex Rel. Fabrico v. TrimbleSupreme Court of Missouri · 1925