Legal Opinion

Hewitt v. Weatherby

Supreme Court of Missouri

Decided August 15, 1874PublishedCited by 15 opinions

fljopeal from DeKalb Circuit Court. The service-of summons in tire case of Meek vs. Hewitt is sufficient to sustain the judgment when attacked collaterally.

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fljopeal from DeKalb Circuit Court. The service-of summons in tire case of Meek vs. Hewitt is sufficient to sustain the judgment when attacked collaterally. (Bondall vs. Isett, 14 Iowa, 309; Cooper vs. Sunder-land, 3 Iowa, 114 ; Bromley vs. Smith, 2 Iiill, 517; Prince vs. Griffin, 16 Iowa, 552; Baker vs. Chaplain, 12 Iowa, 204; Heffermon vs. Bait, 7 Iowa, 320; Denton vs. Noyes, 6 John., 297; Pillsbnry vs. Dugan, 9 Ohio, 118,120 ; Mooney vs. Mans, 22 Iowa, 380; Shnmney vs. Stillman, 4 Cow., 292.) In favor of the judgment, in proceedings of a court of general jurisdiction, it will be presumed…

1Opinion of the CourtAdams, Judge

This was an action of ejectment for a tract of land in De Kalb county, being the north half of the north-west quarter of section 34, township 49 of range 31.

The plaintiff showed a clear paper title in fee from the government of the Hnited States.

The defendant relied upon a sheriff’s deed, regular on its face, and reciting a judgment and execution, under -which the sale was made, of Richard Meek against the plaintiff, Robert A. Hewitt.

The judgment, as recited, was rendered in the DeKalb Circuit Court, at the March term, 1865, on a default taken at the- previous September term, 1864.

The…

2Cases cited1 opinion

  1. Lenox v. ClarkeSupreme Court of Missouri · 1873

3Cited by15 opinions

  1. Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
  2. Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
  3. Solá v. CastroSupreme Court of Puerto Rico · 1924
  4. Stevens v. LarwillMissouri Court of Appeals · 1904
  5. Noland v. BarrettSupreme Court of Missouri · 1894

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