Holman v. Renaud
Missouri Court of Appeals
Appeal from Dent Circuit Court. — Hon. L. B. Woocl-side, Judge. (1) In tbe absence of service upon tbe defendant or seizure of property within tbe jurisdiction of tbe court, tbe court was without jurisdiction whatever. 22 Ency. PI. and Pr., 21; Hitch v. Stonebreaker, 125 Mo. 228; Latimer v. Railroad, 43 Mo. 105; Moss v. Pitch, 212 Mo. 484; Smith v. McCutcheon, 38 Mo. 415; Wilson v. Railroad, 108 Mo. 580; Abbott v. Shepard, 44 Mo. 273; Lovejoy v. Allen, 33 Me. 414, 54 Am.
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Appeal from Dent Circuit Court. — Hon. L. B. Woocl-side, Judge. (1) In tbe absence of service upon tbe defendant or seizure of property within tbe jurisdiction of tbe court, tbe court was without jurisdiction whatever. 22 Ency. PI. and Pr., 21; Hitch v. Stonebreaker, 125 Mo. 228; Latimer v. Railroad, 43 Mo. 105; Moss v. Pitch, 212 Mo. 484; Smith v. McCutcheon, 38 Mo. 415; Wilson v. Railroad, 108 Mo. 580; Abbott v. Shepard, 44 Mo. 273; Lovejoy v. Allen, 33 Me. 414, 54 Am. Dee. 630; Alley v. Caspari, 6 Am. St. Rep. 178; DeArcy v. Ketchum, 62 U. S. 165; Pennoyer v. Neff, 95 U. S. 714; Brown on…
1Opinion of the CourtCox, J.
The question to be determined here is as to whether the court had jurisdiction to render the judgment which it did render. That the circuit court, being a court of general equity jurisdiction, has the power to remove a trustee will not be questioned.
1. Respondents seem to think that this is a proceeding under the statute, sections 4580 and 4581, and that the fact that defendant is a non-resident of the State disqualifies him to act as trustee and that he may be removed, with or without notice. In this they are mistaken. These sections of the statute do not apply to trusts created by will, but…
2Cases cited5 opinions
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Weil v. Greene CountySupreme Court of Missouri · 1878
- Usher v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
- Hitch v. StonebrakerSupreme Court of Missouri · 1894
- L. H. Rumsey Manufacturing Co. v. BakerMissouri Court of Appeals · 1889
3Cited by8 opinions
- Voelker v. Saint Louis Mercantile Library Ass'nSupreme Court of Missouri · 1962
- Brown v. BrancatoSupreme Court of Pennsylvania · 1936
- Cannon v. StephensCourt of Chancery of Delaware · 1932
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
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