Hicks v. Merry

Decided June 15, 1836

Supreme Court of Missouri · decided 1836-06-15

Louis circuit court. Merry the appellee, brought an action before two justices of the peace, against Hicks the appellant, (and another who was not served with process,) for an unlawful detainer of a house and lot in . St. Louis. The justices gave judgment for Merry, which on certiorari was affirmed in the circuit court and from the circuit court, Hicks has appealed to this court. Reasons for reversing the judgment &c. in this cause: ■ 1.

Cited by 1 later decisions — most recently November 1907

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1836-06-15

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¶1Opinion delivered by

Wash, Judge.

¶2■ The objections insisted on by the appellant’s counsel cannot be raised. The evidence given or rejected, and the decisions of the justices thereon, form no part of the record, process or proceedings to be reviewed in the circuit court; these appear in due form and to have been taken in proper time, and it is only for want of some formality in the proceedings, or for some defect in the process, that the judgment of the justices is to be set aside. The judgment is affirmed with costs, and it is ordered that a writ of restitution be awarded to the ap-pellee.