Winn v. Madden
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, J. The facts sufficiently appear in the opinion of the-court. I. The secondary evidence of the alleged notice-should not have been admitted, especially after the supposed notice was voluntarily destroyed previously by assignee. 2 Phil. Evid. (5th Am. Ed.) side p. 516, top p. 434. II. The judgment of the justice is not a nullity and can not be impeached in a collateral proceeding.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, J. The facts sufficiently appear in the opinion of the-court. I. The secondary evidence of the alleged notice-should not have been admitted, especially after the supposed notice was voluntarily destroyed previously by assignee. 2 Phil. Evid. (5th Am. Ed.) side p. 516, top p. 434. II. The judgment of the justice is not a nullity and can not be impeached in a collateral proceeding. Therefore, the court erred in excluding it when offered by appellant. Sect. 3011, Rev. Stat. Mo., 1879 ; Caldwell ■». Fea, 54 Mo. 55; Holtzhom v. Meer, 59 Mo.…
1Opinion of the Court
Opinion by
Ellison, J.
This is an action of replevin, plaintiff claiming under an assignment, and defendant, as constable, under an execution. The evidence shows that Saunders & Harman made an assignment in good faith to plaintiff, on October 18, 1881, by deed duly acknowledged; plaintiff accepting the trust by joining in the deed and by taking exclusive possession of the store and stock, locking it up for several days while taking an inventory, and posting a written notice on the store door. That he executed his bond on October 25,1881, and filed his deed of assignment on October 26, 1881, at…
2Cases cited3 opinions
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- American National Bank v. BangsSupreme Court of Missouri · 1868
- Price v. ParkerSupreme Court of Iowa · 1860
3Cited by3 opinions
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- Galbraith v. KlineDistrict Court, D. Montana · 1925
- Rock Island Plow Co. v. Lang & GrayMissouri Court of Appeals · 1893