Hinkle v. Kerr
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — I-IoN. BENJAMIN E. TueNee, Judge. (1) Where the court has acquired jurisdiction of the subject-matter and of the persons, during the lifetime of the party, a judgment rendered against him after his death is, although erroneous and liable to be set aside, not void or open to collateral attack.
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Appeal from Scotland Circuit Court. — I-IoN. BENJAMIN E. TueNee, Judge. (1) Where the court has acquired jurisdiction of the subject-matter and of the persons, during the lifetime of the party, a judgment rendered against him after his death is, although erroneous and liable to be set aside, not void or open to collateral attack. Black on Judgments, sec. 200; Coleman v. McAnulty, 16 Mo. 173; Reid v. Holmes, 127 Mass. 326; Myers v. McRay, 114 Mo. 377. (2) The circuit court is a court of general jurisdiction and however erroneous or irregular its proceedings may be, they are regarded as valid…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover possession of the southeast quarter of the southeast quarter of section 31, and the west half of the southwest quarter of section 32, township 67, range 12, in Scotland county, in which a judgment for the one undivided tenth of *45said lauds, was obtained by plaintiffs, and tbe defendant appeals. Tbe ease was tried before tbe court without a jury, upon an agreed statement of facts, from wbicb.it appears: That in tbe year 1881, John Noble died intestate, tbe owner of said lands, leaving as 'bis heirs ten children, one of whom was Snsan Hinkle, of whom tbe…
2Cases cited16 opinions
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Williams v. HudsonSupreme Court of Missouri · 1887
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Coleman v. McAnultySupreme Court of Missouri · 1852
- Bollinger v. ChouteauSupreme Court of Missouri · 1854
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3Cited by7 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- Jewel Tea Co. v. City of CarthageSupreme Court of Missouri · 1914
- Price v. GordonSupreme Court of Missouri · 1941
- Bartlett v. National Finance Corp.Missouri Court of Appeals · 1934
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