Legal Opinion

Weller Manufacturing Co. v. Eaton

Missouri Court of Appeals

Decided November 28, 1899PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Court. (1) A foreign judgment valid on its face, when made the ground of an action in this state, is conclnsive, where it appears that the court rendering the judgment had jurisdiction of the person and the subject-matter of the suit. Hays v. Merkle, 70 Mo. App. 509; Williams v. Williams, 53 Mo.

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Appeal from the St. Louis City Circuit Court. (1) A foreign judgment valid on its face, when made the ground of an action in this state, is conclnsive, where it appears that the court rendering the judgment had jurisdiction of the person and the subject-matter of the suit. Hays v. Merkle, 70 Mo. App. 509; Williams v. Williams, 53 Mo. App. 619. (2) Where jurisdiction is obtained over the person of defendant during his lifetime, by a court of competent jurisdiction, a judgment rendered against him by that court after his dearth is not void, and such judgment can not be attacked collaterally.…

1Opinion of the CourtBland, P. J.

On September 26, 1896, the superior court of Cook county, Illinois rendered a judgment against A. N. Eaton, for $427.50. Eaton, at the date of the beginning of the suit which culminated in this judgment, was a resident of St. Louis, and continued so to be until June 11, 1896, when he died at his residence in said city. Notice of the suit was given him by mail directed to his address in St. Louis. A firm of Chicago lawyers appeared in the superior count; and filed an answer to the suit in Eaton’s behalf. At the date of the rendition of the judgment no suggestion of the death of Eaton,was made…

2Cases cited22 opinions

  1. Starbuck v. MurrayNew York Supreme Court · 1830
  2. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
  3. Pendleton v. RussellSupreme Court of the United States · 1892
  4. New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1891
  5. In re Estate of JamesCalifornia Supreme Court · 1893

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3Cited by2 opinions

  1. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
  2. Poupore v. Stone-Ordean-Wells Co.Supreme Court of Minnesota · 1916

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