Harkness v. Austin
Supreme Court of Missouri
Appeal from Greene Common Pleas Court. Irregularity is the want of adherence to some prescribed rule or mode of proceeding, and consists in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unreasonable time or improper manner. (34 Mo. 318.) The proceedings to obtain the judgment in the name of Harkness, administrator of Dysart, against Austin & King, were irregular.
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Appeal from Greene Common Pleas Court. Irregularity is the want of adherence to some prescribed rule or mode of proceeding, and consists in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unreasonable time or improper manner. (34 Mo. 318.) The proceedings to obtain the judgment in the name of Harkness, administrator of Dysart, against Austin & King, were irregular. The order substituting Harkness, Adm’r, &c., as plaintiff, was not made on the voluntary appearance of the adverse original party, or after the service of process on him.…
1Opinion of the CourtWagner, Judge
It appears from the record in this cause, that one Dysart commenced his suit in the probate and Common Pleas Court of Greene county, returnable to the May term, 1861, at *48which time appellant filed his answer and the cause was continued.
At the November term, 1862, the death of Dysart was suggested, and the court made an order reviving the suit in the name of Harkness, administrator, and permitting his name to be substituted on the record as plaintiff, and then gave judgment. The appellant did not appear in court at that term. At the May term, 1865, of said court, appellant appeared and filed…
2Cases cited2 opinions
- Fine v. GraySupreme Court of Missouri · 1853
- Ferris' Administrator v. HuntSupreme Court of Missouri · 1853
3Cited by13 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
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- Jones v. HartSupreme Court of Missouri · 1875
- Showles v. FreemanSupreme Court of Missouri · 1884
- Ealy v. McGahenNew Mexico Supreme Court · 1933
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