Chamberlin v. Mammoth Mining Co.
Supreme Court of Missouri
•Appeal from Jefferson Circuit Court. This was a motion to quash an execution in favor of the respondents againt the Mammoth Mining Company, issued from the Circuit Court upon a transcript of a judgment recovered before a justice of the peace.
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•Appeal from Jefferson Circuit Court. This was a motion to quash an execution in favor of the respondents againt the Mammoth Mining Company, issued from the Circuit Court upon a transcript of a judgment recovered before a justice of the peace. At the trial, the transcript was read in evidence, in which the title of the cause was stated as follows : “ Frederick B. Chamberlin “ Co.” & Levi Churchill, Thomas Felch, agent in Jefferson county, Mo., vs. The Mammoth Mining Co., by J. Y. Redding.” The justice testified that the word “ Co.,” which appeared upon the transcript, did not' appear in the…
1Opinion of the CourtScott, Judge
It appears that Redding was the acting president of the Mammoth Mining Company. He, being such, was the proper person on whom process against the corporation should have been served. (R. C. 1845, tit. Corporations, 237.) Any irregularity in the return of the officer serving the process was waived by appearance and confession.
As the suit was begun by process, there was no necessity that the confession should be in writing, as the statute is express, that the provision in relation to confessing judgments by writing, shall not extend to cases in which confessions are taken in suits commenced by…
2Cited by12 opinions
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- Williams v. Judge of the Cooper Court of Common PleasSupreme Court of Missouri · 1858
- Sicher v. RambousekSupreme Court of Missouri · 1906
- Loth v. FaconesowichMissouri Court of Appeals · 1886
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