Fletcher v. Coombs
Supreme Court of Missouri
Appeal from Adair Circuit' Court. I. If judgment is given against all the sureties, it must be good as to all or bad as to all, as a judgment is an entirety! (Rush vs. Rnsli, 19 Mo., 441; Randalls vs. "Wilson, 24 Mo., 76 ; Smith, Adm’r vs. Rollins, 25 Mo., 408.) Judgment rendered against a party after his death is void. (Wagn.
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Appeal from Adair Circuit' Court. I. If judgment is given against all the sureties, it must be good as to all or bad as to all, as a judgment is an entirety! (Rush vs. Rnsli, 19 Mo., 441; Randalls vs. "Wilson, 24 Mo., 76 ; Smith, Adm’r vs. Rollins, 25 Mo., 408.) Judgment rendered against a party after his death is void. (Wagn. Stat., 1050, §§ 7, 8.) The only time at which the plaintiff could have filed his motion to correct the judgment, was during the term at which it was rendered. (Smith vs. Best, 42 Mo., 185 ; Iiuthsing vs. Mans, 36 Mo., 101.) The court had no further power over this…
1Opinion of the CourtVories, Judge
The plaintiff in this' case commenced a suit against the defendant, Geo. R. Coombs, before a justice of the peace, in *432Adair county, to recover a judgment on a promissory note, for about one hundred and twenty dollars.
The plaintiff recovered a judgment before the justice, from which the defendant appealed to the Adair Circuit Court, executing an appeal bond at the time, in which bond he was joined by P. F. Greenwood, C. J. Sloan, J. D. Dennis, and seven others, who executed the appeal bond as sureties for Coombs. In the Adair Circuit Court the plaintiff again recovered a judgment, which was…
2Cases cited3 opinions
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- Turner v. ChristySupreme Court of Missouri · 1872
3Cited by17 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Belkin v. RhodesSupreme Court of Missouri · 1882
- State v. GartrellMissouri Court of Appeals · 1903
- Jones v. HartSupreme Court of Missouri · 1875
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