Smoot v. Judd
Supreme Court of Missouri
Appeal from Barton Circuit Court. — How. W. W. Graves, Judge. (1) The law questions involved in the merits of this case were settled on the former appeal (161 Mo. 673). Conroy v. Iron Works, 75 Mo. 641; Band v. Taylor, 62 Mo. 338; Overall v. Ellis, 38 Mo. 209; Hombs v. Corbin, 34 Mo. App. 397. (2) The pivotal question is one of fact as to whether Ella G. Smoot was served with process so as to be charged with knowledge of the suit when pending.
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Appeal from Barton Circuit Court. — How. W. W. Graves, Judge. (1) The law questions involved in the merits of this case were settled on the former appeal (161 Mo. 673). Conroy v. Iron Works, 75 Mo. 641; Band v. Taylor, 62 Mo. 338; Overall v. Ellis, 38 Mo. 209; Hombs v. Corbin, 34 Mo. App. 397. (2) The pivotal question is one of fact as to whether Ella G. Smoot was served with process so as to be charged with knowledge of the suit when pending. (1) The defendants’ answer is not a plea of “confession and avoidance. ” The allegation in the petition is that the sheriff’s return was false in this,…
1Dissent
DISSENTING OPINION.
VALLIANT, J.
In this suit the plaintiff invokes the jurisdiction of a court of equity to grant her relief from a judgment rendered against her in a court of law on the ground that she had a good and lawful defensé to the action as was well known to the plaintiff in that action, but -was afforded no opportunity to make *587that defense because, although the sheriff had returned the writ as personally served on her, yet the return was false, afid that she had no notice of the suit until after the adjournment of the term of the court at which the judgment was rendered. She alleges…
2Cases cited56 opinions
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Owens v. RansteadIllinois Supreme Court · 1859
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Johnson v. ColemanWisconsin Supreme Court · 1868
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