McDonald v. Leewright

Decided October 15, 1860

Supreme Court of Missouri · decided 1860-10-15

<p>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.</p>

Relies on Hallowell v. Page

Good law ✅— No negative treatment on recordhow we know

Decided 1860-10-15

How this case has been cited

Cited by 6 later decisions — most recently November 1947

6 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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Scott, Judge,

¶1delivered the opinion of the court.

¶2This 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 *30process. 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.

¶3 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,

¶4the judgment will be affirmed.