Bersch v. Schneider

• Decision Date: 31 March 1858
• Citation: 27 Mo. 101
• Parties: BERSCH, Respondent, v. SCHNEIDER, Appellant.
• Court: Missouri Supreme Court

27 Mo. 101

BERSCH, Respondent,

v.SCHNEIDER, Appellant.

Supreme Court of Missouri.

March Term, 1858.

1. A judgment rendered by a justice of the peace is void, unless it appears on the face of the proceedings that the justice acquired jurisdiction of the cause by service of process on the defendant, or by his appearance.

Appeal from St. Louis Law Commissioner's Court.

This was an action (originally commenced before a justice of the peace) on a due bill, or non-negotiable promissory note, for one hundred dollars, executed by defendant, Schneider, in favor of one George Woldsmith, and assigned by said Woldsmith to the plaintiff, Bersch. At the trial the plaintiff introduced in evidence the note and proved the assignment to himself. The defendant then introduced in evidence certain entries from the docket of Samuel Treadway, a justice of the peace in St. Louis county, in a case wherein Caspar Stalle, Henry Schneipel and Jerome Downey were plaintiffs, and George Woldsmith and Jacob Hoch defendants. From these entries it appeared that a judgment was rendered for plaintiffs against the defendants, Woldsmith and Hoch, for $89.80. It did not appear that the defendants, or either of them, had been served with process, or had appeared to the suit. It also appeared that two several executions had issued against defendants, and that under the last execution Schneider was garnished as a debtor of Woldsmith, and that judgment was rendered against him as garnishee for the amount of the note in controversy in the present suit.

At the instance of the plaintiff the court gave the following instructions: “1. A judgment entered up against Schneider by Justice McDonald in favor of Caspar Stalle, upon said Schneider's being summoned as shown in the return of the execution issued by justice Treadway, is no bar to the plaintiff's recovery in this suit. There is no judgment upon which the executions read in evidence could issue. 2. There is no judgment in favor of Caspar Stalle, Henry Schneipel and Jerome Downey, plaintiffs in the execution upon which Schneider was garnished, against said Schneider. 3. There is no judgment in favor of Caspar Stalle, Henry Schneipel and Jerome Downey against George Woldsmith and Jacob Hoch, upon which the executions read in evidence could issue. 4. The plaintiff is entitled to recover the full amount of the note sued on, with interest.”

The court found for plaintiff.

C. C. Simmons, for appellant.

Bay, for respondent.RICHARDSON, Judge, delivered the...