Burge v. Burge
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. Jas. P. Hazell, Judge. (1) A judgment or decree of a court of this State can not be attached collaterally, except on the ground of want of jurisdiction. Rosenheim v. Hartsock, 90 Mo. 357; Black on Judgments, sec. 803; Winningham v. Trueblood, 149 Mo. 572. (2) Absence of jurisdiction over the subject-matter or person can only be shown from the record, and can not be shown by matter in pais.
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Appeal from Cooper Circuit Court. — Hon. Jas. P. Hazell, Judge. (1) A judgment or decree of a court of this State can not be attached collaterally, except on the ground of want of jurisdiction. Rosenheim v. Hartsock, 90 Mo. 357; Black on Judgments, sec. 803; Winningham v. Trueblood, 149 Mo. 572. (2) Absence of jurisdiction over the subject-matter or person can only be shown from the record, and can not be shown by matter in pais. Black on Judgments, sec. 271; Reed Bros. v. Nicholson, 158 Mo. 624; Cox v. Boyce, 152 Mo. 576. (3) Where jurisdiction is dependent upon facts outside of the record,…
1Opinion of the CourtSmith, P. J.
In the latter part of the year 1900, one O. E. Burge departed this life at the county of Cooper, in this State, first having made a last will and testament wherein he named and appointed two executors thereof, one of whom died and the other resigned. Afterwards, letters of administration with the will annexed were granted by the probate court of said county to the defendant herein, a son of the decedent, who qualified and took charge of the latter’s estate. *19The plaintiff, who claims to be the widow of the decedent, did not Ripply for letters of administration on his estate until after the…
2Cases cited16 opinions
- Skelton v. SackettSupreme Court of Missouri · 1886
- Cruzen v. StephensSupreme Court of Missouri · 1894
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Thomas v. DesneySupreme Court of Iowa · 1881
- Hubner v. ReickhoffSupreme Court of Iowa · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of SeabaughMissouri Court of Appeals · 1983
- Flick v. SchenkSupreme Court of Missouri · 1908
- Crouse v. GreensfelderMissouri Court of Appeals · 1909
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
- State ex rel. Flick v. ReddishMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.