Mendlovitz v. Samuels Shoe Co.

Appellee sued appellant in the justice court of Guadalupe county to recover on a foreign judgment for $152.88, with 6 per cent, interest and for costs. This judgment was rendered by justice court of the fourth district in the city of St. Louis, Mo.

On appeal to the county court it was tried de novo. Appellant filed among other defenses a sworn answer that the judgment was procured by fraud or mistake, because he had never been properly served by citation or other process, nor did he waive service, appear, or answer to the suit, or authorize any other person to do so for him. The case was tried…