L. H. Rumsey Manufacturing Co. v. Baker
Missouri Court of Appeals
Appeal "from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The appellants’ motion to set aside judgment and for leave to answer was a direct proceeding between the original parties in the suit, attacking the judgment as being either void or voidable. Stale ex rel. v. Heinrich, 14 Mo. App. 146. This motion or petition ( for it may serve the purpose of both, lb. 149) was filed within six months after the judgment and at the following term of court.
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Appeal "from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The appellants’ motion to set aside judgment and for leave to answer was a direct proceeding between the original parties in the suit, attacking the judgment as being either void or voidable. Stale ex rel. v. Heinrich, 14 Mo. App. 146. This motion or petition ( for it may serve the purpose of both, lb. 149) was filed within six months after the judgment and at the following term of court. Such proceedings may be in either of the three following methods : (1) A motion or petition in the nature of a writ of error coram nobis,…
1Opinion of the CourtRombauer, P. J.
The plaintiff, a. sub-contractor, instituted its suit in the Greene county circuit court in October, 1886, for the purpose of subjecting the property of the defendants to a mechanic’s lien, and obtained judgment in July, 1887, against Mathews and Baker, the principal contractors, for the debt, and also a judgment of lien against the defendants’ property. This was at the May term of said court.
On November 11, 1887, such day being at a succeeding term of said court, the defendants appeared and filed their-motion to set aside this judgment and the execution issued thereon, alleging that the…
2Cases cited11 opinions
- In re ToneySupreme Court of Missouri · 1848
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Allen v. SalesSupreme Court of Missouri · 1874
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- Ex parte GraySupreme Court of Missouri · 1882
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3Cited by7 opinions
- Holman v. RenaudMissouri Court of Appeals · 1910
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Fraternal Bankers v. WireMissouri Court of Appeals · 1910
- Mattocks v. Van AsmusMissouri Court of Appeals · 1914
- State Ex Rel. Fabrico v. TrimbleSupreme Court of Missouri · 1925
2 more not listed; retrieve them via the Exa API.