McLaran v. Wilhelm
Missouri Court of Appeals
Appeal from the. St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The action was joint, by two joint contracting obligees. The record shows that the judgment upon this petition is in favor of but one obligee. This is a fatal error or irregularity, which renders the judgment assailable by- defendants. Ohnsorg v. Twrner, 33 Mo. App. 488; Clark v. Cable, 21 Mo. 223; Rainey v. Smiser, 28 Mo. 310; Henry v.Mt.
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Appeal from the. St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The action was joint, by two joint contracting obligees. The record shows that the judgment upon this petition is in favor of but one obligee. This is a fatal error or irregularity, which renders the judgment assailable by- defendants. Ohnsorg v. Twrner, 33 Mo. App. 488; Clark v. Cable, 21 Mo. 223; Rainey v. Smiser, 28 Mo. 310; Henry v.Mt. Pleasant Twp., 70 Mo. ■500; Ryan v. Riddle, 78 Mo. 521. (2) The judgment can be vacated at anytime during the term, when rendered on proper motion, which need not be filed…
1Opinion of the CourtEombaueb, P. J.
— The record proper in this cause shows the following facts: Charles McLaran and Annie McLaran, his wife, filed a petition in the circuit court, in which they stated that they had a joint cause of action against the defendants for the recovery of $350, being the semi-annual rent reserved to them by a written agreement between themselves and said defendants. The defendants were served with summons to appear at the December term, 1891, and failed to appear. On the eleventh of December, an interlocutory judgment by default was entered against them. On the twenty-second day of that month, on…
2Cases cited6 opinions
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
- Clark v. CableSupreme Court of Missouri · 1855
- Nelson v. GhiselinMissouri Court of Appeals · 1885
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Ryan v. RiddleSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Head v. RandolphMissouri Court of Appeals · 1900
- Peters v. McDonoughSupreme Court of Missouri · 1931
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Butler v. BoyntonMissouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.