Regent Realty Co. v. Armour Packing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Blevins, Judge. (1) (a) It is the settled law of this State that the return of a sheriff on process regular on its face and showing the fact and mode of service is conclusive upon the parties to the suit. Its truth can be controverted only in a direct action against the sheriff for false return. Hallowell v. Page, 24 M'o. 590; Smoot v. Judd, 83 S. W. 484; Decker v. Armstrong, 87 Mo. 316; State v. O’Neil, 4 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. John A. Blevins, Judge. (1) (a) It is the settled law of this State that the return of a sheriff on process regular on its face and showing the fact and mode of service is conclusive upon the parties to the suit. Its truth can be controverted only in a direct action against the sheriff for false return. Hallowell v. Page, 24 M'o. 590; Smoot v. Judd, 83 S. W. 484; Decker v. Armstrong, 87 Mo. 316; State v. O’Neil, 4 Mo. App. 221; Phillips v. Evans, 64 Mo. 23; State ex rel. v. Finn, 100 Mo. 429; Heath v. Railway 83 Mo. 617; McDonald v. Leewright,…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Plaintiff in error makes three points; first, that the service of summons upon a resident agent of a foreign corporation is constructive service; second, that constructive service so made is not conclusive on the corporation; third, that the return of the officer is susceptible of two rational interpretations and for this reason is irregular and insufficient to confer jurisdiction on the court.
The first point is conceded by the defendant in error.
In support of its second point, plaintiff in error cites the following authorities: Wheeler v. Railroad, 24 Barb. 414;…
2Cases cited16 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Mineral Point Railroad v. KeepIllinois Supreme Court · 1859
- Hallowell v. PageSupreme Court of Missouri · 1857
- Feurt v. CasterSupreme Court of Missouri · 1903
- Harness v. CravensSupreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ward v. Cook United, Inc.Missouri Court of Appeals · 1975
- Aman Collection Service, Inc. v. BurgessMissouri Court of Appeals · 1981
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- Ellis v. NuckolsSupreme Court of Missouri · 1911
- Carter v. FlynnMissouri Court of Appeals · 1938
6 more not listed; retrieve them via the Exa API.