John McMenamy Investment & Real Estate Co. v. Stillwell Catering Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hew. J. Hugo Grimm, Judge. A defendant corporation can be brought into court only in the manner and form prescribed by the statute. Horn v. Railroad, 88 Mo. App. 469 ; State ex rel. v. Myers, 126 Mo. App. 544. The statute must he strictly followed in all its particulars.
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Appeal from St. Louis City Circuit Court. — Hew. J. Hugo Grimm, Judge. A defendant corporation can be brought into court only in the manner and form prescribed by the statute. Horn v. Railroad, 88 Mo. App. 469 ; State ex rel. v. Myers, 126 Mo. App. 544. The statute must he strictly followed in all its particulars. Railroad v. Hoereth, 144 Mo. 136; Hoen v. Railroad, 64 Mo. 506. (1) The provision ordering such summons to be directed to the sheriff of the county and State where president may be found is directory only, not mandatory. Court v. Sparks, 10 Mo. 119; State v. Churchill, 41 Mo. 41;…
1Opinion of the CourtReynolds, P. J.
This is an action begun in the circuit court against the Stillwell Catering Company, a corporation alleged to have been organized and existing under the laws of the State of Missouri, and against one Charles H. Stillwell, to recover rent alleged to be due on a lease executed between the corporation and Stillwell, lessees and individual lessors, to recover thirty-two months’ rent fo.r certain premises in the city of St. Louis. The lease was subsequently assigned to plaintiff, who brought the action, suing' out an attachment in aid. Summons issued directly to the sheriff of the city of St.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Hall v. SchoeneckeSupreme Court of Missouri · 1895
- Priest v. CapitainSupreme Court of Missouri · 1911
3Cited by1 opinion
- John McMenamy Investment & Real Estate Co. v. Stillwell Catering Co.Supreme Court of Missouri · 1916