Murdock v. Hillyer
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in submitting the case to a. jury. It should have been tried by the court. 2 R. S., sec. 6715. (2) The court erred in rendering j udgment against answering defendants, and subjecting the property to a lien, as Hillyer, the -contractor, was never under the jurisdiction of the court, never having been duly served with process, nor made any appearance whatever in the case.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The court erred in submitting the case to a. jury. It should have been tried by the court. 2 R. S., sec. 6715. (2) The court erred in rendering j udgment against answering defendants, and subjecting the property to a lien, as Hillyer, the -contractor, was never under the jurisdiction of the court, never having been duly served with process, nor made any appearance whatever in the case. Section 2029, Revised Statutes of Missouri, 1889, permits personal service on a nonresident in the cases mentioned in section 2022; but…
1Opinion of the CourtEllison, J.
— This is a proceeding to enforce a .mechanic’s lien; defendant Hillyer being the owner of the property and purchaser of the material in the account. The other defendants are alleged to claim an interest in the property sought to be charged with the lien. The petition alleges Hillyer to be a non-resident. No affidavit was filed with the petition, or afterwards, but a writ of summons was issued and served upon him in the state of Kansas by a sheriff of that state. Upon this a per.sonal judgment was rendered against him.
I. It is objected that the court erred in ruling that there should be a…
2Cases cited4 opinions
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Morris v. . PatchinNew York Court of Appeals · 1862
- Stephenson v. BannisterCourt of Appeals of Kentucky · 1814
3Cited by15 opinions
- S. B. Luttrell & Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Hedrix v. HedrixMissouri Court of Appeals · 1903
- Trout's Investments, Inc. v. DavisMissouri Court of Appeals · 1972
- Priest v. CapitainSupreme Court of Missouri · 1911
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