Loth v. Faconesowich
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. : The judgment is invalid for want of jurisdiction of the judgment plaintiffs. Rev. Stat., sects. 2985,. 2986 ; Farmers Bank v. Mather, 30 la. 283 ; Thayer v. Finley, 36 Ill. 262. The statement filed, was insufficient. Henry v. Estes, 127 Mass. 474 That the executions in ■question in the case at bar were issued in contravention of this statute is admitted; being in contravention •of the statute, they were void.
Read the full summary
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. : The judgment is invalid for want of jurisdiction of the judgment plaintiffs. Rev. Stat., sects. 2985,. 2986 ; Farmers Bank v. Mather, 30 la. 283 ; Thayer v. Finley, 36 Ill. 262. The statement filed, was insufficient. Henry v. Estes, 127 Mass. 474 That the executions in ■question in the case at bar were issued in contravention of this statute is admitted; being in contravention •of the statute, they were void. King v. French, 2 Sawyer Rep. 441; Ling v. King, 91 Ill. 571; Freeman on Judgments, sect. 557, p. 584; Marvin v.…
1Opinion of the CourtRojibahee, J.
The plaintiffs filed a bill for an injunction against the *70defendants. The bill states in substance that the plaintiffs are attaching creditors of the defendant Faconesowich, who is insolvent, and who, March 3 and 4, 1885, pretended to confess fourteen judgments, before a justice of the peace, in favor of his present co-defendants. That executions were issued on such pretended judgments at once, and were delivered to the defendant constable, who, by pretext thereof, levied on all the property of the defendant Faconesowich, and threatens to sell it. That the-plaintiffs, by due process of law,…
2Cases cited5 opinions
- Ling v. King & Co.Illinois Supreme Court · 1878
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
- Henry v. EstesMassachusetts Supreme Judicial Court · 1879
- Rickert v. SnyderNew York Supreme Court · 1830
- Stevens v. ChouteauSupreme Court of Missouri · 1848
3Cited by8 opinions
- H. S. Burr & Co. v. Frank Mathers & Co.Missouri Court of Appeals · 1892
- Kansas & Texas Coal Co. v. AdamsMissouri Court of Appeals · 1903
- Wade v. SwopeMissouri Court of Appeals · 1904
- Hall v. BramellMissouri Court of Appeals · 1901
- Huffman v. SiskMissouri Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.