Bersch v. Schneider
Decision Date | 31 March 1858 |
Citation | 27 Mo. 101 |
Parties | BERSCH, Respondent, v. SCHNEIDER, Appellant. |
Court | Missouri Supreme Court |
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:
The court found for plaintiff.
C. C. Simmons, for appellant.
Bay, for respondent.RICHARDSON, Judge, delivered the...
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