
    The St. Louis, Iron Mountain & Southern Railway Company, Appellant, v. Reynolds et al.
    
    Jurisdiction.: void judgment : equitable relief. Where a courl has no jurisdiction all proceedings in the'cause are void ab initio. The judgment and execution thereon are void, and the defendant could maintain suit against the officer selling his property undei the execution as a trespasser, and the title of the purchaser at ths execution sale would be valueless. The remedy at law is ample and adequate in such case and equity will not interpose to enjoin the enfor^ifment of the judgment.
    
      Appeal from Butler Circuit Court. — EL H. Bedford, Esq., Special Judge.
    Affirmed.
    This was a suit brought iu the circuit court of Butlei county by the appellant to restrain by injunction the collection of a judgment purporting to be rendered in favor of the defendant, M. L. Reynolds,, by a justice of the peace of said county.
    
      Geo. II. Benton for appellant.
    A judgment obtained before a justice of the peace without notice and without appearance or defence, and void on its face, should be enjoined. High on Inj., sec. 126; Ridgway v. Bank, 11 Humph. 523; Snider v. Railroad, 73 Mo. 465; Wetzell v. Waters, 18 Mo. 396 ; Roach v. Burnes, 33 Mo. 319 ; 2 Story’s Eq_. Jur., sec. 887; Marine Insurance Co. v. Hodgson, 7 Cranch, 332; Moss v. Craft, 10 Mo. 721; George v. Tutt, 36 Mo. 141; Price r>. Johnson, 15 Mo. 434; Bresnehan v. Price, 57 Mo. 422 ; Damschraicler v. Thias, 51 Mo. 100,
    
      
      John Q-. Wear for respondent.
   Sherwood, J.

If the justice of the peace had acquired no jurisdiction, as the petition alleges, the railway company has no need to come into a court of equity to enjoin proceedings which are void ab initio. If the judgment of the justice is void, then will the execution issued thereon be void also, and equity will not interfere to do a nugatory act. The remedy of the railway is ample and adequate at law, and this prevents the interposition of a court of equity, as a suit could be maintained against the constable as a trespasser, and the purchaser’s pretended title would be valueless. This is elementary law. Sayre v. Thompkins, 23 Mo. 443; Deane v. Todd, 22 Mo. 90; Bank v. Meredith, 44 Mo. 500; High on In j., secs. 89, 125; 2 Story Eq. Jur., sec. 898, and cases cited.

Therefore, judgment affirmed.

All concur.  