Givens v. Harlow
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Because of the insufficiency and invalidity of the process, service and return thereof, of the sheriff of Harvey county, Kansas, in the case of G-illihan & Brosins v. H. Lindsey Harlow, and the insufficiency and invalidity, of the levy of the writ of attachment issued in said cause, no jurisdiction was ever obtained over the person of the defendant in that cause, and no-seizure of the res was ever made,…
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Appeal from Daviess Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Because of the insufficiency and invalidity of the process, service and return thereof, of the sheriff of Harvey county, Kansas, in the case of G-illihan & Brosins v. H. Lindsey Harlow, and the insufficiency and invalidity, of the levy of the writ of attachment issued in said cause, no jurisdiction was ever obtained over the person of the defendant in that cause, and no-seizure of the res was ever made, and for these reasons no valid judgment was ever rendered, and the execution issued thereunder and the sheriff’s deed…
1Opinion of the CourtGraves, J.
This is an action in partition. James Harlow died in 1882, leaving- as his heirs Edmond J. Harlow, Wilmer G. Harlow, James Samuel Harlow and John W. Harlow, the defendants herein, .and Joseph P. Piarlow, Henry L. Harlow, and a widow, Huldah J. Harlow, who are not named as defendants. It appears that the estate of James Harlow had been previously partitioned, and in that proceeding 100 acres of land was set off to the widow as and for her homestead and dower rights, and adjoining this was also twenty acres which was used by the widow, which was likewise not partitioned. Thus there is involved…
2Cases cited4 opinions
- Moss v. FitchSupreme Court of Missouri · 1908
- Burnett v. McClueySupreme Court of Missouri · 1887
- City of St. Louis v. JudSupreme Court of Missouri · 1911
- McCully v. Chicago, Burlington, & Quincy Railway Co.Supreme Court of Missouri · 1908
3Cited by10 opinions
- State Ex Rel. Ferrocarriles Nacionales De Mexico v. RutledgeSupreme Court of Missouri · 1932
- State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934
- Graves v. SmithSupreme Court of Missouri · 1919
- Skelly v. the MacCabeesMissouri Court of Appeals · 1925
- Oxley v. OxleyMissouri Court of Appeals · 1947
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