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McDonald v. Leewright

McDonald v. Leewright, 31 Mo. 29 (1860)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1860
Judges
Other, Scott
Citations
31 Mo. 29
Headnotes
1. A sheriff's return of process, regular on its face, is conclusive upon the parties to the suit; its truth can he controverted only in an action against the sheriff for a false return.
Summary
Appeal from Franklin Circuit Court. The facts sufficiently appear in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

Text extracted by OCR from a scanned original; check the original for exact wording.

Scott, Judge,

delivered the opinion of the court.

This was a suit for partition. The plaintiffs had been parties to a former suit in partition for the same lands. It appears that in the former suit they were duly served with *30 process. This petition is brought for another partition, praying that the former one be set aside on the ground that the sheriff’s return in the first proceeding was false, they alleging that they never had been served with process, and never appeared. There was a demurrer to the petition, which was sustained.

In the case of Hallowell et al. v. Page, 24 Mo. 590 , it was decided by this court that a sheriff’s return of process, regular on its face, is conclusive upon tlie parties to the suit; its truth can only be controverted in an action against the sheriff for a false return.

The other judges concurring,

the judgment will be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11882–1883: 11884–1885: 11904–1905: 21918–1919: 11946–1947: 118782026peak 1904 · 2

Relies on it most ⓘ

  1. Mastin v. Gray19 Kan. 458 (1878)
  2. Smoot v. Judd83 S.W. 481 (Mo. 1904)
  3. Madison County Bank v. Suman's Administrator79 Mo. 527 (1883)
  4. Heath v. Missouri, Kansas & Texas Railway Co.83 Mo. 617 (1884)
  5. Regent Realty Co. v. Armour Packing Co.86 S.W. 880 (Mo. Ct. App. 1905)
  6. American Forest Co. v. Hall216 S.W. 740 (Mo. 1919)

Most recent

  1. Anthony ex rel. Anthony v. Downs Amusement Co.205 S.W.2d 925 (Mo. Ct. App. 1947)
  2. American Forest Co. v. Hall216 S.W. 740 (Mo. 1919)
  3. Regent Realty Co. v. Armour Packing Co.86 S.W. 880 (Mo. Ct. App. 1905)
  4. Smoot v. Judd83 S.W. 481 (Mo. 1904)
  5. Heath v. Missouri, Kansas & Texas Railway Co.83 Mo. 617 (1884)
  6. Madison County Bank v. Suman's Administrator79 Mo. 527 (1883)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hallowell v. Page, 24 Mo. 590 (1857) 34

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