Stewart v. White
Supreme Court of Missouri
Appeal from, Jaelcson Circuit Court. — Hon. Tuenee A. G-ill, Judge. The defect of parties should have been suggested in the circuit court, and this not having been done, the same was waived. A judgment rendered without notice is void. Anderson ». Brown, 9 Mo. 640; Roach n. Burnes, 83 Mo. 319. And advantage may be taken of such judgment under collateral proceedings. Abbott t>. Sheppard, 44 Mo. 273; Higgins v. Peltzer, 49 Mo. 152; Napton v. Leaton, 71 Mo. 358.
1Opinion of the CourtBlack, J.
— This is an action of ejectment for a lot in the City of Kansas. Theodore Winningham owned the lot on the twenty-ninth of April, 1879. On the twenty-first of February, 1880, the common council of the City of Kansas passed an ordinance entitled, “An ordinance to open and extend Fifteenth street from Broadway to Penn street.” On the twenty-eighth of February, 1880, Winningham conveyed the lot to Isabella Pelletto; and on the eighteenth of May, 1881, proceedings were commenced before the mayor under the ordinance to condemn the property and assess benefits for the purposes therein specified.…
2Cited by2 opinions
- Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
- Kiebler v. HolmesMissouri Court of Appeals · 1894