Legal Opinion

Griffin v. Van Meter

Supreme Court of Missouri

Decided August 15, 1873PublishedCited by 10 opinions

Error to Harrison Circuit Court. cited: Stone vs. Corbett, 20 Mo., 3o0 ; Williams vs. Bower, 26 Mo., 601. I. Whatever may have been the defects in the summons or its service, the appearance of defendant cured such defects, (Barnett vs. Lynch, 3 Mo., 369 ; Davis vs. Wood, 7 Mo., 162; Bartlett vs. McDaniel, 3 Mo., 55 ; Schalter vs. Hunt, 1 Mo., 651; Whiting vs. Budd, 5 Mo., 443; Griffin vs. Samuel, 6 Mo., 50; McNair vs. Biddle, 8 Mo., 257; Whittlesey’s Mo.

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Error to Harrison Circuit Court. cited: Stone vs. Corbett, 20 Mo., 3o0 ; Williams vs. Bower, 26 Mo., 601. I. Whatever may have been the defects in the summons or its service, the appearance of defendant cured such defects, (Barnett vs. Lynch, 3 Mo., 369 ; Davis vs. Wood, 7 Mo., 162; Bartlett vs. McDaniel, 3 Mo., 55 ; Schalter vs. Hunt, 1 Mo., 651; Whiting vs. Budd, 5 Mo., 443; Griffin vs. Samuel, 6 Mo., 50; McNair vs. Biddle, 8 Mo., 257; Whittlesey’s Mo. Prae., 195-6; W. S., (2nd Ed.) 815, § 16 and note.)

1Opinion of the CourtSherwood, Judge

Griffin brought suit against Yan Meter before a justice of the peace, to recover possession of a certain bay colt, alleged in the complaint to be worth $35.00.

The writ was issued on the 23d, served on the 24th, and made returnable on the 30th, of Octobei’. The transcript of the justice shows, that on the return day the parties appeared and' “ agreed to go into trial of said right of property.” This trial resulted in a judgment for the plaintiff) from which the defendant appealed to the Circuit Court, and a like result attended the trial there.

The defendant filed his motion in that court (but…

2Cited by10 opinions

  1. Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  2. Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  3. Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
  4. Pearson v. GillettMissouri Court of Appeals · 1893
  5. Wilkerson v. SampsonMissouri Court of Appeals · 1894

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