Rodgers v. National Council Junior Order United American Mechanics
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. “Where a foreign corporation can be served with process had upon its agent in a county in this State, such corporation is a resident of the county within the meaning of Sec. 4060, R. S. 1899 (now Sec. 7568, R. S. 1909), and must appeal from the judgment of a justice within ten days.” Young v. Niles & Scott Co., 122 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. “Where a foreign corporation can be served with process had upon its agent in a county in this State, such corporation is a resident of the county within the meaning of Sec. 4060, R. S. 1899 (now Sec. 7568, R. S. 1909), and must appeal from the judgment of a justice within ten days.” Young v. Niles & Scott Co., 122 Mo. App. 392. The section of the statutes in regard to appeals from justices should be liberally construed. Atkinson v. Burns, 91 Mo. App. 266. By taking out a license to do business in the State of Missouri…
1Opinion of the CourtNortoni, J.
This is a suit on a certificate of life insurance in the amount of $500. The case originated before a justice of the peace, where plaintiff had judgment, and defendant prosecuted an appeal therefrom to the circuit court. The circuit court dismissed the appeal from the justice on the ground that it was-not prosecuted within the time prescribed by the statute — that is, ten days after judgment — against one who' is a resident of the county. From this judgment of' the circuit court defendant appeals here; and the question for consideration presents the inquiry as to-whether defendant, a…
2Cases cited8 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- State ex rel. Attorney General v. Merchant's Exchange Mutual Benevolent SocietySupreme Court of Missouri · 1880
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Slavens v. South Pacific RailroadSupreme Court of Missouri · 1873
- Crutsinger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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3Cited by5 opinions
- State Ex Rel. O'Keefe v. BrownSupreme Court of Missouri · 1951
- Donohue v. Southwestern Surety InsuranceSupreme Court of Missouri · 1920
- State ex rel. Kertz v. NeillSupreme Court of Missouri · 2002
- Bowen v. Railway Mail Ass'nDistrict Court, S.D. Florida · 1931
- Harrington v. National Life & Accident Co.Missouri Court of Appeals · 1920