Legal Opinion

Burke v. Miller

Supreme Court of Missouri

Decided July 15, 1870PublishedCited by 4 opinions

Error to First District Court. I. The judgment being for more than the justice had jurisdiction, the same is void, and no title passes by a sale thereunder. (8 Mo. 264.) The transcripts offered in evidence were inadmissible. They do not-correspond with the judgment recited ; in the said deed. II. The executions could not issue on transcripts from clerk’s office until the executions -issued by the justice had been legally returned, and it was otherwise in this case. III.

Read the full summary

Error to First District Court. I. The judgment being for more than the justice had jurisdiction, the same is void, and no title passes by a sale thereunder. (8 Mo. 264.) The transcripts offered in evidence were inadmissible. They do not-correspond with the judgment recited ; in the said deed. II. The executions could not issue on transcripts from clerk’s office until the executions -issued by the justice had been legally returned, and it was otherwise in this case. III. The records of the transcripts of judgments do not show that a return was indorsed on the executions issued by the justice…

1Opinion of the CourtCueRIER, Judge

This is an action of ejectment. In the progress of the trial of the cause the defendants offered and read in evidence, against the objections of the plaintiff, a sheriff’s deed which purported to convey the premises in dispute to one of the defendants. The deed recited a justice’s judgment for $451.34; the filing of-four transcripts in the office of the-clerk of the Circuit Court; the issue thereupon by the clerk of four executions to the sheriff of the county, and the- advertising and sale thereon by him of said premises.

The defendants also introduced and read in evidence, against the…

2Cases cited5 opinions

  1. Franse v. OwensSupreme Court of Missouri · 1857
  2. Ruby v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
  3. Carr v. YouseSupreme Court of Missouri · 1866
  4. Murray v. LaftenSupreme Court of Missouri · 1852
  5. Davis v. StaplesSupreme Court of Missouri · 1870

3Cited by4 opinions

  1. Samuels v. SheltonSupreme Court of Missouri · 1871
  2. Langford v. FewSupreme Court of Missouri · 1898
  3. Littlefield v. RamseySupreme Court of Missouri · 1904
  4. McDonnell v. Nash-Smith Tea & Coffee Co.Missouri Court of Appeals · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API