(Download) "State Missouri Ex Rel. v. Robert W. Berrey" by Missouri Supreme Court En Banc # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. v. Robert W. Berrey
- Author : Missouri Supreme Court En Banc
- Release Date : January 09, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The questions in this prohibition appeal involve the replevin statutes of Missouri. They are: (1) does a magistrate court have the jurisdiction to enter a default judgment for possession where there has been no service of process on the defendant but the chattels have been taken by the sheriff pursuant to a replevin writ and bond and delivered to the plaintiff, and (2) whether or not property was taken from the possession of relator-appellant in violation of the due process clause of the U.S. Const., Amendment 14, under Fuentes v. Shevin and Parham v. Cortese, 407 U.S. 67 (1972), hereinafter referred to as Fuentes v. Shevin. Relator-appellant Anita Williams filed this prohibition suit in the Circuit Court of Jackson County against respondent Robert W. Berrey, III, magistrate Judge, seeking an order commanding respondent to quash a certain summons, return and writ of replevin in a magistrate court replevin suit in which relator-appellant was defendant and Midwest Furniture & utilities, Inc. (hereinafter Midwest) was plaintiff upon the grounds that the magistrate lacked jurisdiction to enter judgment against relator-appellant.
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