State ex rel. Clinton County v. Han. & St. Jo. R. R.
Supreme Court of Missouri
Error to Clinton Circuit Court. The only question raised here by the record is : Was the service sufficient? Plaintiff contends that the service was good. (W. S., § 26, p. 294; Dixon vs. Han. & St. Jo. R. R. Company, 31 Mo., 409; Boston, C. & M. R. R. vs. The State, 32 N. TL, 215; Dean vs. White & Haight, 5 Iowa, 265; Iba vs. Han. & St. Jo.
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Error to Clinton Circuit Court. The only question raised here by the record is : Was the service sufficient? Plaintiff contends that the service was good. (W. S., § 26, p. 294; Dixon vs. Han. & St. Jo. R. R. Company, 31 Mo., 409; Boston, C. & M. R. R. vs. The State, 32 N. TL, 215; Dean vs. White & Haight, 5 Iowa, 265; Iba vs. Han. & St. Jo. R. R. .Company, 45 Mo., 469; Tom. vs. Methodist Episcopal Church, 19 Wend., 25 ; New Albany & Salem R. R. vs. Grooms, 9 Ind., 243 ; New Albany & Salem R. R. vs. Powell, 13 Ind., 373.) The return of the officer shows that no president, chief officer, or…
1Opinion of the CourtAdams, Judge
This was a suit brought before a justice of the peace under the statute, against defendant for the penalty allowed against the defendant for failing to ring a bell or sound a whistle before its train reached a road crossing.
*535The service of the summons was on a station agent. The defendant failed to appear, and the justice rendered judgment by default for the penalty, twenty dollars. The defendant in due time filed a motion to set aside the judgment, for the reason that there had been no sufficient service of the summons. The justice overruled the motion, and defendant appealed to the Circuit…
2Cited by5 opinions
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Monks v. StrangeMissouri Court of Appeals · 1887
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BrousMissouri Court of Appeals · 1920
- Venner v. Denver Union Water Co.Arapahoe County District Court · 1902