Williams v. Bower
Supreme Court of Missouri
Error to St. Louis Law Commissioner’s Court. I. The writs issued by the justice were nullities, being made returnable in nine days after their date, instead of in not less than fifteen days. (See Sess. Acts, 1847, p. 87, \ 1.) The act of 1847 is still in force. (R. C. 1855, p. 1027, § 28.) There was no such appearance in the cause as would preclude the defendant from objecting to the irregularity of the summons.
Read the full summary
Error to St. Louis Law Commissioner’s Court. I. The writs issued by the justice were nullities, being made returnable in nine days after their date, instead of in not less than fifteen days. (See Sess. Acts, 1847, p. 87, \ 1.) The act of 1847 is still in force. (R. C. 1855, p. 1027, § 28.) There was no such appearance in the cause as would preclude the defendant from objecting to the irregularity of the summons. The cases cited by counsel for the defendant in error are inapplicable. They do not touch the point in controversy. (See Sanders y. Rains, 10 Mo. 770.) The justice had no authority to…
1Opinion of the CourtRichardson, Judge
The plaintiff commenced two suits on the 23 d of May, 1857, before a justice of the peace of St. Louis county, which were afterwards consolidated. The writs were made returnable the first day of June, and on the return day, the defendant failing to appear, judgment by default was rendered. In due time the defendant appeared before the justice and moved to set aside the default, but the motion was overruled and the case was then taken by appeal to the law commissioner’s' court. In that court the defendant moved to dismiss the suit because the writs were defective, but the motion was denied and…
2Cases cited1 opinion
- Sanders v. RainsSupreme Court of Missouri · 1847
3Cited by8 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Howard v. ClarkSupreme Court of Missouri · 1869
- Young v. DowneySupreme Court of Missouri · 1899
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- France v. EvansSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.