Shinn v. Wooderson
Missouri Court of Appeals
Appeal from Clinton Circnit Court— Son. A. D. Burnes, Judge. (1) A motion in arrest can only be upheld when a petition fails to state a cause of action, or there is some defect which renders the judgment void. A motion in arrest only reaches defects which are apparent upon the face of the record proper. In this case the petition and judgment both are regular. Black on Judgments, 98; White v. Caldwell, 17 Mo.
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Appeal from Clinton Circnit Court— Son. A. D. Burnes, Judge. (1) A motion in arrest can only be upheld when a petition fails to state a cause of action, or there is some defect which renders the judgment void. A motion in arrest only reaches defects which are apparent upon the face of the record proper. In this case the petition and judgment both are regular. Black on Judgments, 98; White v. Caldwell, 17 Mo. App. 691. (2) A defective pleading can not be taken advantage of by a motion in arrest of judgment. It is only where a petition is defective in some essential averment. Carrington v.…
1Opinion of the CourtBroaddus, J.
The petition in this case was filed in the office of the circuit clerk of Clinton county, Missouri, on the twelfth day of August, 1899, and on the same day service was had on the defendants mentioned in the caption* On the twentieth day of September, 1899, and on the ninth day of the regular term of said court, the plaintiff was allowed to amend his petition by making Valentine Harmon and Richard Wear defendants, and the judgment then and there rendered shows that said Harmon and Wear entered their appearance, and that the defendants Wooderson, Maret and Kenney made default and the…
2Cases cited1 opinion
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
3Cited by3 opinions
- Warren Commission & Investment Co. v. Hull Real Estate Co.Missouri Court of Appeals · 1906
- Parker-Washington Co. v. DennisonSupreme Court of Missouri · 1916
- Rodeman v. SmithMissouri Court of Appeals · 1922