Dixon v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. The service of process in this case is not in accordance with the law. (R. C. 1855, p. 876, § 2, 4.) I. The only question presented for the consideration of this court is, whether the answer filed by the defendants in this case presented any defence in the nature of a plea to the jurisdiction of the court below, or, in other words, whether a corporation can be sued and served with process in any county except where the principal officer of…
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Appeal from Buchanan Common Pleas. The service of process in this case is not in accordance with the law. (R. C. 1855, p. 876, § 2, 4.) I. The only question presented for the consideration of this court is, whether the answer filed by the defendants in this case presented any defence in the nature of a plea to the jurisdiction of the court below, or, in other words, whether a corporation can be sued and served with process in any county except where the principal officer of the company is situate, or an office where it usually transacted its usual business. It is contended by the respondent…
1Opinion of the CourtEwing, Judge
The question in this case is as to the sufficiency of the service of the summons.
The statute directs that the summons when issued against any banking or other incorporated company, served on the president or other chief officer of such company, or in his absence by leaving a copy thereof at any business office of said company, with the person having charge thereof, shall be deemed a sufficient service ; and if the corporation have no business office in the county where suit is brought, or if no person shall be found in charge thereof, and the president or chief officer can not be found in…
2Cited by4 opinions
- Merchants Transfer & Warehouse Co. v. RaganCourt of Appeals for the Tenth Circuit · 1948
- Slavens v. South Pacific RailroadSupreme Court of Missouri · 1873
- Taylor v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Harding v. Chicago & Alton RailroadSupreme Court of Missouri · 1883