Bank of the State v. Bray
Supreme Court of Missouri
Appeal from. Greene County Probate and Common Pleas . Court. The-court erred in setting aside the judgment. The record shows service on the respondent by delivering copy of the petition and writ to him October 6, 1862. It is not conceived how the -court, in the face of the record on a mere motion, without any allegation or evidence impeaching the return of the officer, (even if it were competent to the respondent to do so in this form of proceeding,) could set aside the…
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Appeal from. Greene County Probate and Common Pleas . Court. The-court erred in setting aside the judgment. The record shows service on the respondent by delivering copy of the petition and writ to him October 6, 1862. It is not conceived how the -court, in the face of the record on a mere motion, without any allegation or evidence impeaching the return of the officer, (even if it were competent to the respondent to do so in this form of proceeding,) could set aside the judgment on the ground alleged. The motion to set aside the judgment was too late, not having been made at the term at which…
1Opinion of the CourtWagner, Judge
Appellant obtained judgment against Stone and others on *195a bill of exchange, in the Probate and Common Pleas Court of Springfield, at the May term of said court, 1863, Execution issued on said judgment, returnable to the next succeeding November term, directed to the sheriff of Christian county. The sheriff levied on the property of Stone on the 4th day of February, 1864, and sold the same on the 8th day of March thereafter, when the Bank and one Davidson became the purchasers. At the May term succeeding, Stone filed his motion to set aside the sale made by virtue of the execution, and to…
2Cited by7 opinions
- Fulkerson v. LairdMissouri Court of Appeals · 1967
- Brandt v. LittleWashington Supreme Court · 1907
- Johnson v. BemisNebraska Supreme Court · 1878
- Wyant v. TuthillNebraska Supreme Court · 1885
- McDonald v. GronefeldSupreme Court of Missouri · 1869
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