Holtschneider v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Error to Osage Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) It does not appear from the amended return that the summons was served on an agent, officer, or employee of defendant, plaintiff in error, as required hy sections 570 or 995, General Statutes of 1899. (2) The amended return does not show that the summons was served on a person in charge of an office or place of business of the defendant, the plaintiff in error, as required by sections 570 or 995 of the General…
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Error to Osage Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) It does not appear from the amended return that the summons was served on an agent, officer, or employee of defendant, plaintiff in error, as required hy sections 570 or 995, General Statutes of 1899. (2) The amended return does not show that the summons was served on a person in charge of an office or place of business of the defendant, the plaintiff in error, as required by sections 570 or 995 of the General Statutes of 1899. (3) Service of a summons upon a station agent or other subordinate officer of a corporation is not…
1Opinion of the CourtSmith, P. J.
This is an action which was brought under the provisions of article 4, chapter 47, Eevised Statutes. The sheriff’s return indorsed on the writ is as follows:
“I do hereby certify that I executed the within writ and petition in Osage county, Missouri on the thirteenth day of February, 1903, by delivering a true copy of the within writ and a certified copy of the within petition thereto attached, to Leo Wegman whom I found in charge of the railway station at Freeburg in said county, and who represented himself to be the station agent there of the Chicago, Eock Island and Pacific Eailway Company…
2Cases cited4 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Muldrow v. BatesSupreme Court of Missouri · 1838
- Holmes v. HillSupreme Court of Missouri · 1853
3Cited by5 opinions
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- O'Toole v. LowensteinMissouri Court of Appeals · 1913
- Howell v. Autobody Color Co.Missouri Court of Appeals · 1986
- Bedell v. Richardson Lubricating Co.Court of Appeals of Kansas · 1919
- Taylor v. HelterMissouri Court of Appeals · 1918