Fisher v. Fredericks
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This suit was instituted in the St. Louis Circuit Court by plaintiffs against the defendants and appellants, as partners doing business in the city of St. Louis under style of C. H. Fredericks & Co. There was no affidavit that the defendant Morris was a nonresident.
Read the full summary
Appeal from St. Louis Circuit Court. This suit was instituted in the St. Louis Circuit Court by plaintiffs against the defendants and appellants, as partners doing business in the city of St. Louis under style of C. H. Fredericks & Co. There was no affidavit that the defendant Morris was a nonresident. The summons issued July 26, 1859, against both defendants, directed to the sheriff of St. Louis county, and was served on defendant Fredericks July 28, 1859, but as to defendant Morris there was no return by the sheriff. There was filed an affidavit of one Edwin P. Gibson, stating that on the…
1Opinion of the CourtDryden, Judge
The law permitting the notification of an absent defendant by delivery of a copy of the petition with a notice of the suit, contemplates service of the copy and notice at some place without this State, but within the United States or their Territories ; and in order to warrant the court in taking jurisdiction of the defendant, It ought to appear affirmatively by the affidavit required that the service was had at a place within the limits prescribed in the act. (R. C. 1855, § 18, p. 1225.) In this case, it neither appears inferentially nor by direct averment in the affidavit, where the service…
2Cited by1 opinion
- State v. EmblenWest Virginia Supreme Court · 1909