Ann v. James
| Decision Date | 31 March 1866 |
| Citation | 38 Mo. 159 |
| Parties | MARY ANN JUDGE, BY NEXT FRIEND, Defendant in Error, v. JAMES JUDGE, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to St. Louis Circuit Court.
E. A. Lewis, for plaintiff in error.
Kingsbury & Alp, for defendant in error.
The writ of error in this case was sued out on the 1st day of October, 1864; the final judgment of the court, overruling the defendant's last motion for a modification of the previous order allowing alimony, was rendered on the 20th of July, 1864, more than sixty days previous to the issuing of the writ of error. The statute expressly provides that no final judgment or order, rendered in cases arising under the shall be reversed, annulled, or modified in this court, by appeal or writ of error, unless the appeal be granted during the same term, or unless the writ of error shall have been issued within sixty days after the order was made or judgment rendered--R. C. 1855, p. 666, § 13. Under this statute, this writ of error must necessarily be dismissed, without any consideration of the questions of error arising upon the action of the court below.
Judge Wagner concurs; Judge Lovelace absent.
To continue reading
Request your trial
-
Ewing v. Donnelly
...substantially pursues the judgment, there is no fault in the execution. 5 Mo. App. 123, 525; 22 Ga. 570; 18 Ala. 658; 4 Pa. St. 296; 38 Mo. 159; 2 Wall. 69 U. S. 38; 34 Mo. 188. The justice had jurisdiction of the subject matter, of the amount. and of the persons. 9 Mo. App. 42; 46 Mo. 337.......
- State ex rel. Scott v. Smith
- Rucker v. Robinson
-
Merrick v. Merrick
...for respondent: A judgment cannot be attacked for error or irregularity upon a motion to quash an execution issued thereunder.-- Judge v. Judge, 38 Mo. 159; Harvey v. Tyler, 2 Wall. 328; Hendrickson v. Railroad Co., 34 Mo. 188. Execution under decree for alimony.-- Schmidt v. Schmidt, 26 Mo......