Walter v. Tabor

Decided March 15, 1855

Supreme Court of Missouri · decided 1855-03-15

Louis Court of Common Pleas. Walter brought an action of forcible entry and detainer against Catheart before a justice of the peace. Catheart removed the cause by certiorari to the Circuit Court, giving bond conditioned as required by statute, in the sum of $1000, with Patrick T. MeSherry, as security. While the case ivas pending in the Circuit Court, the plaintiff moved for an order on the defendant to give additional security.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-03-15

How this case has been cited

Cited by 3 later decisions — most recently November 1892

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Leonard, Judge.

¶1The judgment of an inferior court affirmed here, is a subsisting valid judgment in the court where it was originally rendered, and may be carried into execution accordingly. This is settled practice, and has been repeatedly recognized in this court, and we cannot allow it to be now drawn in question. (Meyer v. Campbell, 12 Mo. Rep. 602. Wilburn’s Adm’r v. Hall, 17 Mo. Rep. 471.)

¶2We discover no variance between the recognizance sued upon and the one given in evidence. Let the judgment be affirmed.