Koch v. Hawkins
Missouri Court of Appeals
Appeal from the Marion Circuit Court. — Hon. Thos. H. Bacon, Judge. The trial court, .by its refusal to grant the peremptory writ of mandamus, held that it had jurisdiction to render the judgment set out in the case of Cook and Crane v. Koch. This was error, as the action, authorized by sections 2259 and 2260, Revised Statutes of 1879, is an independent suit, and the parties must be served with process or brought into court as in ordinary suits.
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Appeal from the Marion Circuit Court. — Hon. Thos. H. Bacon, Judge. The trial court, .by its refusal to grant the peremptory writ of mandamus, held that it had jurisdiction to render the judgment set out in the case of Cook and Crane v. Koch. This was error, as the action, authorized by sections 2259 and 2260, Revised Statutes of 1879, is an independent suit, and the parties must be served with process or brought into court as in ordinary suits. See said sections; also, Henderson v. Langley, 76 Mo. 226 ; McClannahan v. Smith, 76 Mo. 428 ; Jasper County v. Wadlow, 82 Mo. 172 ; Stump r>.…
1Opinion of the CourtThompson, J.
This is a proceeding by mandamus against the clerk of the circuit court of Marion county to compel him to issue an execution and writ of restitution in an action of ejectment, wherein the plaintiff recovered a judgment against Fred. Bogar and John C. Crane. The respondent made a return, showing that, at a term subsequent to the rendition of the judgment and prior to an eviction thereunder, EL A. Cook and John C. Crane (the latter one of the defendants in the ejectment suit) filed their petition under the provisions of the statute ( Revised Statutes, 1879, section 2259, et seq.), praying for…
2Cases cited7 opinions
- George v. MiddoughSupreme Court of Missouri · 1876
- McClannahan v. SmithSupreme Court of Missouri · 1882
- Henderson v. LangleySupreme Court of Missouri · 1882
- Malone v. StretchSupreme Court of Missouri · 1878
- Russell v. DefranceSupreme Court of Missouri · 1867
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3Cited by2 opinions
- Bristol v. ThompsonSupreme Court of Missouri · 1907
- Brown v. MarshallSupreme Court of Missouri · 1912