Steamboat Blue Ridge v. Steamboat Time
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The complaint was sufficient and legal. See session acts 1839, p. 13; Dig. 1835, p. 103, § 4. 2. The warrant was defective, but the defendant forfeited all right to take advantage of such defect. See sess. acts 1840-’41, p. 103, § 8 and § 9. 3. Nor could such defect in the warrant have been fatal in any event.
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ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The complaint was sufficient and legal. See session acts 1839, p. 13; Dig. 1835, p. 103, § 4. 2. The warrant was defective, but the defendant forfeited all right to take advantage of such defect. See sess. acts 1840-’41, p. 103, § 8 and § 9. 3. Nor could such defect in the warrant have been fatal in any event. See Sherman vs. The Proprietors of the Connecticut River Bridge, 11 Mass. 357. 4. The motion on behalf of the defendant steamboat Time, before the justice, to set aside the judgment by default, and before the circuit court to…
1Opinion of the CourtMcBride, J.
This was a proceeding under the statute, commenced by filing a complaint before a justice of the peace in St. Louis county, when the defendant having made default, a judgment was rendered by the justice in favor of the plaintiff; the defendant appeared within ten^days, and moved the justice to set aside the judgment by default, which he over-whereuponthe defendant'appealed to the circuit court.
In the circuit court the defendant moved the court to quash the writ ruled, for the following causes :
1. The complaint in the above cause is defective and void.
2. The writ is defective and void.
3. There…
2Cited by6 opinions
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Wells v. AdamsMissouri Court of Appeals · 1901
- Erdbruegger v. MeierMissouri Court of Appeals · 1883
- Cannon v. NiklesMissouri Court of Appeals · 1941
- Duvall v. Wabash Ry. Co.District Court, W.D. Missouri · 1923
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