Williams v. Judge of the Cooper Court of Common Pleas
Supreme Court of Missouri
I. The court properly assessed the damages and rendered judgment at the first term. . (20 Mo. 96; R. C. 1855, p. 356, 1222; 24 Mo. 27; 6 J. J. Marsh. 354; 4 Monr. 415 ; 1 B. Mon. 150 ; 22 Mo. 433 ; 6 How. Pract. R. 326.) II. The attorneys who filed the motion, in the name of defendant, to set aside the judgment and quash the execution, had no right to appear for the defendant or to make any such motion. (Keith v. "Wilson, 6 Mo. 435 ; 3 Monr. 190.)
1Opinion of the CourtRichardson, Judge
Williams and Wyan filed their petition in the Cooper court of common pleas, on an open account for lumber sold and delivered, against the Central Agricultural Society, which is a corporation, but the summons was issued against N. G. Elliott and Wm. H. Trigg. At the return term of the writ an entry appears in these words : “ The defendant, by N. G. Elliott, the president of said society, now here enters its appearance and waives its right to a continuance.”
Afterwards, during the same term, the record shows that the parties came, and by consent submitted the case to the court; whereupon the…
2Cases cited8 opinions
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Ex parte NelsonNew York Supreme Court · 1823
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
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3Cited by14 opinions
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- State Ex Rel. Case v. SeehornSupreme Court of Missouri · 1920
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. Bohannon v. County Court of Howard CountySupreme Court of Missouri · 1867
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