Ruckert v. Richter
Missouri Court of Appeals
Appeal from Oole Circuit Court.—Hon. William H. Martin, Judge. (1) No error or irregularity of a justice of the peace can affect the judgment rendered by him, but such judgment is valid and binding until reversed on error or by appeal or set aside in a direct and appropriate proceeding for that purpose. It cannot be attacked or vacated in a collateral proceeding.
Read the full summary
Appeal from Oole Circuit Court.—Hon. William H. Martin, Judge. (1) No error or irregularity of a justice of the peace can affect the judgment rendered by him, but such judgment is valid and binding until reversed on error or by appeal or set aside in a direct and appropriate proceeding for that purpose. It cannot be attacked or vacated in a collateral proceeding. Fulkerson v. Davenport, 70 Mo. 546; Shubach v. McDonald, 179 Mo. 182; Leonard v. Sparks; 117 Mo. 110; Reed Bros. v. Nicholson, 158 Mo. 631; Ellis v. Jones, 51 Mo. 186; Hardin v. Lee, 51 Mo. 244. (2) The notice of the justice to the…
1Opinion of the CourtJohnson, J.
Plaintiff recovered judgment against defendants in an action on a promissory note brought before a justice of the peace in Cole county, had execution issued by the justice which was returned “not satisfied,” filed a transcript of the judgment in the office of the clerk of the circuit court and had execution issued thereon. On motion of defendant presented to the circuit court, the execution was quashed and the cause is brought here by plaintiff on appeal from the judgment entered on the motion.
The material part of the transcript of the judgment rendered by the justice is as follows: “On 28th…
2Cases cited7 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Schell v. LelandSupreme Court of Missouri · 1870
- Werz v. WerzMissouri Court of Appeals · 1881
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Fisher v. DavisMissouri Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. CastlemanTexas Supreme Court · 1922
- Trapp v. MersmanMissouri Court of Appeals · 1914
- Guhman v. DunawayMissouri Court of Appeals · 1914
- State v. StegallSupreme Court of Missouri · 1927
- Vance v. McHughMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.