Townsend v. Cox
Supreme Court of Missouri
Appeal from Fifth District Court. A judgment rendered against an infant defendant, who appeared' by attorney and without a guardian, is an error of fact, and tbe infant can avoid such judgment at any time, even after his majority, when it is attempted to be enforced against him, by pleading the fact of his infancy at the rendition of the judgment. ,(6 Cow. 50 ; 14 Johns. 416 ; 15 Johns. 533 ; Dewitt v, Post, .11 Johns. 458 ; 17 Mo. 441; Graham’s Prac. 746.) I. The judgment…
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Appeal from Fifth District Court. A judgment rendered against an infant defendant, who appeared' by attorney and without a guardian, is an error of fact, and tbe infant can avoid such judgment at any time, even after his majority, when it is attempted to be enforced against him, by pleading the fact of his infancy at the rendition of the judgment. ,(6 Cow. 50 ; 14 Johns. 416 ; 15 Johns. 533 ; Dewitt v, Post, .11 Johns. 458 ; 17 Mo. 441; Graham’s Prac. 746.) I. The judgment sued on was not void, but voidable. (30 Mo. 425 ; 38 Mo. 349, 353 ; Porter v. Robinson, 3 Marsh., Iiy., 254 ; 6 Dana,…
1Opinion of the CourtWagner, Judge
The respondent’s intestate recovered a judgment, on the 5th day of November, 1853, in the Andrew County Circuit Court, against the appellants for the sum of one thousand dollars damages in an action of trespass vi el armis. The defendants were duly served with process, and appeared and defended the action by attorney. This action was brought upon that judgment, returnable to the October term, 1869. The defense set up in the answer in this case was that at the time the judgment was rendered, the defendant, Calvin Cox, was a minor under the age of twenty-one years ; that he appeared by…
2Cases cited4 opinions
- Kemp v. CookCourt of Appeals of Maryland · 1861
- Powell v. GottSupreme Court of Missouri · 1850
- Allison v. TaylorCourt of Appeals of Kentucky · 1838
- Fulbright v. CannefoxSupreme Court of Missouri · 1860
3Cited by11 opinions
- McDaniel v. LovelaceSupreme Court of Missouri · 1969
- Cox v. WrinkleSupreme Court of Missouri · 1954
- Reineman v. LarkinSupreme Court of Missouri · 1909
- King v. WilsonCalifornia Court of Appeal · 1931
- Childs v. LantermanCalifornia Supreme Court · 1894
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