State ex rel. Ross v. Case
Supreme Court of Missouri
Appeal from Monroe Circuit Court —Hon. John T. Redd, Judge. The words in the return alleged to be false are immaterial. Even fraud without damage gives no right of action. No property was levied on or lien lost. Amendments in furtherance of justice are favored and relate back to the original return or matter amended.
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Appeal from Monroe Circuit Court —Hon. John T. Redd, Judge. The words in the return alleged to be false are immaterial. Even fraud without damage gives no right of action. No property was levied on or lien lost. Amendments in furtherance of justice are favored and relate back to the original return or matter amended. The court making the amendment had jurisdiction and the necessary parties before it, and if the words objected to in the return had any force, the amendment removed the obnoxious part. Webster v. Blount, 39 Mo. 500; Corby v. Burns, 36 Mo. 194; Scruggs v. Scruggs, 46 Mo. 271;…
1Opinion of the CourtHough, C. J.
On the 30th day of October, 1858, the relator recovered a special and general judgment against Beverly Frields and C. C. Woodson for $1,567.70 debt, $155.34 damages and $12.80 costs, to be first levied of certain land having a mill thereon, and if the same should not satisfy said judgment, then to be levied of any other goods, chattels, lands and tenements of said Frields and Woodson. Execution issued in pursuance of said judgment, returnable April 27th, 1859. Upon this execution the following return was made: “I executed the within by levying'upon one steam saw mill February 23rd, 1859, and…
2Cases cited4 opinions
- Corby v. BurnsSupreme Court of Missouri · 1865
- Stevenson v. JudySupreme Court of Missouri · 1872
- Milburn v. State ex rel. RaySupreme Court of Missouri · 1847
- Stevens v. BeckesIndiana Supreme Court · 1832
3Cited by3 opinions
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920