St. Louis & San Francisco Railway Co. v. Lowder
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The doctrine that a court of- equity will enjoin the enforcement of a judgment of a justice of the peace which is void for want of jurisdiction, by reason of the fact that no proper service of process has been had upon the defendant, is well settled in this court and has been since the case of Bornschein v. Finck, 13 Mo. App. 120. Blakeslee v. Mivrphy, 44 Conn. 188; Mining Co.v.
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Certified from St. Louis Court of Appeals. (1) The doctrine that a court of- equity will enjoin the enforcement of a judgment of a justice of the peace which is void for want of jurisdiction, by reason of the fact that no proper service of process has been had upon the defendant, is well settled in this court and has been since the case of Bornschein v. Finck, 13 Mo. App. 120. Blakeslee v. Mivrphy, 44 Conn. 188; Mining Co.v. Schinner, 64 111. 106; Nicholson v. Stephens, 47 Ind. 185; Caruthers v. Harts field, 3 Yerg. 366; Johnson ■v. Coleman, 23 Wis. 452; Hernandez v. James, 23 Iowa Ann. 483;…
1Opinion of the CourtBtjegess, J.
This is a proceeding by bill in equity to restrain the collection of a judgment in favor of defendant Howell, and against plaintiff rendered by J. L. Bedford, a justice of the peace of Barry county, upon the ground that the judgment is void in that it was rendered without service of process on the plaintiff herein.
The petition alleges that J. E. Bedford, a justice of the peace of Barry county, rendered judgment against the plaintiff in favor of W. A. Howell, defendant; that the judgment was rendered without the service of process on the plaintiff; that an execution had been issued on the…
2Cases cited13 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1891
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Musick v. Kansas City, Springfield & Memphis Railway Co.Supreme Court of Missouri · 1893
- St. Louis, Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hockaday v. JonesSupreme Court of Oklahoma · 1899
- Harris v. SmileySupreme Court of Oklahoma · 1912
- Farrar v. MooreMissouri Court of Appeals · 1967
- Massucco v. TomassiSupreme Court of Vermont · 1907
- Henman v. WestheimerMissouri Court of Appeals · 1905
26 more not listed; retrieve them via the Exa API.