Ferris' Administrator v. Hunt
Supreme Court of Missouri
Appeal from Washington Circuit Court. Action originally commenced before a justice of the peace in the -name of Yates, administrator of Ferris, afterwards appealed to the Circuit Court, where, at the April term, 1853, Yates having died, Ashley, the succeeding administrator, was, on his motion, substituted as plaintiff, without the appearance of the defendant, or the service upon him of a scire facias.
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Appeal from Washington Circuit Court. Action originally commenced before a justice of the peace in the -name of Yates, administrator of Ferris, afterwards appealed to the Circuit Court, where, at the April term, 1853, Yates having died, Ashley, the succeeding administrator, was, on his motion, substituted as plaintiff, without the appearance of the defendant, or the service upon him of a scire facias. At the same term, judgment was rendered against the defendant, and he afterwards appeared and moved to set the same aside. His motion was overruled and he appealed to the supreme court, where…
1Opinion of the CourtLeonard, Judge
The party’s appearance in court and motion to set aside the order allowing the cause to be continued against him in the name of the deceased plaintiff’s successor, was a sufficient appearance to have justified the court, upon setting that order aside, to require the party to show cause against the proposed substitution, and upon his failure to do so, to have renewed the order without any scire facias to bring him into court. When, therefore, the order was in effect set aside here, and the cause remanded for further proceedings, the court was then at liberty to proceed in the matter without a…
2Cited by3 opinions
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Chicago, Rock Island & Pacific Railway Co. v. WoodsonMissouri Court of Appeals · 1905
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908