Burns v. Marsh
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — Eon. F. O. Johnston, Judge. (1) A justice of the peace has no power to vacate a judgment unless the same he a judgment by default or nonsuit. Langford v. Doniphan, 61 Mo. App. 288; Carson v. Tate, 8 Mo. 45; Leith v. Shingleton, 42 Mo.
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Appeal from McDonald Circuit Court. — Eon. F. O. Johnston, Judge. (1) A justice of the peace has no power to vacate a judgment unless the same he a judgment by default or nonsuit. Langford v. Doniphan, 61 Mo. App. 288; Carson v. Tate, 8 Mo. 45; Leith v. Shingleton, 42 Mo. App. 449; Weeks v. Eitter, 81 Mo. 375; St. Joseph v.Hamilton, 43 Mo. 45. (2) Although the judgment of a justice is erroneous or reversible, still if he had jurisdiction over the subject-matter and the parties, an appeal to a competent court is the proper and only remedy. Holzhauer v. Meer, 59 Mo. 434; Grerhardt v. Brady, 72…
1Opinion of the CourtCox, J.
This action originated before a justice of the peace in which plaintiff brought suit against defendant upon a non-negotiable note executed by defendant to one Joseph Woolfenbarger on which plaintiff recovered judgment; defendant appealed to the circuit court, where, upon trial, de novo, the plaintiff again prevailed, and defendant has appealed to this court. His defense in the circuit co.urt was a plea of former adjudication. To sustain this plea, evidence was introduced of a former trial before a justice of the peace in which the jury returned the following verdict, and the justice entered…
2Cases cited3 opinions
- Taylor v. LarkinSupreme Court of Missouri · 1848
- Baker v. LaneSupreme Court of Missouri · 1897
- Sconce v. Long Bell Lumber Co.Missouri Court of Appeals · 1893