Ross v. Ross
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) A judgment rendered on a motion to quash, an execution is a final one, and an appeal will lie from it. (2) The judgment was not responsive to the issues made and was void. Ross v. Ross, 81 Mo. 84. (3) The action of the court making the amendment to the judgment was wrong. Freeman on Execution, sec. 75. (4) The motion to quash should have been sustained.
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Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) A judgment rendered on a motion to quash, an execution is a final one, and an appeal will lie from it. (2) The judgment was not responsive to the issues made and was void. Ross v. Ross, 81 Mo. 84. (3) The action of the court making the amendment to the judgment was wrong. Freeman on Execution, sec. 75. (4) The motion to quash should have been sustained. Freeman on Executions, secs. 20, 73 and 75; Freeman on Judgments, sec. 117. (1) In the first judgment the court had jurisdiction of both the person of the defendant, and…
1Opinion of the CourtHenry, J.
At the January term, 1881, of the circuit court of Cape Girardeau county, a judgment was obtained by plaintiffs against defendant in a suit instituted against defendant to set aside a conveyance of a tract of land in range 12 in that county, on the grounds of fraud perpetrated by the grantee, the defendant, upon the grantor, and mental incapacity of the grantor, who is the mother of the plaintiffs and defendant. After hearing the evidence in the cause the court permitted an amendment to plaintiffs’ petition alleging that the deed executed by the grantor was intended to be a mortgage or…
2Cases cited5 opinions
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Hyde v. Curling & RobertsonSupreme Court of Missouri · 1847
- Fletcher v. CoombsSupreme Court of Missouri · 1874
- Robertson v. NealSupreme Court of Missouri · 1875
- Hubbard v. MossSupreme Court of Missouri · 1877
3Cited by12 opinions
- Burnside v. WandSupreme Court of Missouri · 1902
- White v. WhiteCalifornia Supreme Court · 1900
- Evans v. FisherMissouri Court of Appeals · 1887
- Oregon Mortgage Co., Ltd. v. KunnekeMontana Supreme Court · 1926
- Burns v. SullivanCourt of Appeals of Kansas · 1901
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