Cullen v. Collison
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Wo». P. G. Stepp, Judge. (1) The holding of the court that the judgment rendered by Justice Embry was voidable only, and not absolutely void, was reversible error. Ryan v. Kelly, 9 Mo. App. 396; Railroad v. Warden, 73 Mo. App. 120. (2) Service of legal process in Justice Linney’s court did not give Justice Embry jurisdiction of tbe person of defendant.
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Appeal from Grundy Circuit Court. — Wo». P. G. Stepp, Judge. (1) The holding of the court that the judgment rendered by Justice Embry was voidable only, and not absolutely void, was reversible error. Ryan v. Kelly, 9 Mo. App. 396; Railroad v. Warden, 73 Mo. App. 120. (2) Service of legal process in Justice Linney’s court did not give Justice Embry jurisdiction of tbe person of defendant. E. S. 1899, secs. 3973, 3974; Laugblin v. .Fairbanks, 8 Mo. 367; Caldwell v. Lockridge, 9 Mo. 362. (3) Tbe motion to quash the execution is a direct and not a collateral proceeding. Anderson’s Law Dictionary,…
1Opinion of the CourtBroaddus, J.
— This suit was instituted by plaintiff On an account against defendant before a justice of the peace in Trenton township. On defendant’s application a change of venue was granted and the cause sent to W. TI. McGrath, a justice in the same township. Thereupon, plaintiff applied also for a change of venue and the cause wás sent to J. B. Embry, a justice of the peace in Jefferson township, who issued a notice directed to defendant notifying her of the change in time and place of trial, etc. This notice was served upon W. G. Callison, defendant’s attorney, as shown by the return of the officer.…
2Cases cited2 opinions
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
- Livingston v. AllenMissouri Court of Appeals · 1900
3Cited by4 opinions
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