Rice v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Washington Circuit Court, Hon. John L. Thomas, Judge. The summons in this case is-void, because it fails to state the “sum demanded,” as required by statute. Rev. Stat., sec. 2858; Brandenburger v. Easley, 78 Mo. 659. The summons is also void, and the court had no jurisdiction of the case, because it was served by a deputy constable without disclosing the name of his principal. Rev. Stat., sec. 2858, 2862; Mangold v. Dooley, 89 Mo.
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Appeal from the Washington Circuit Court, Hon. John L. Thomas, Judge. The summons in this case is-void, because it fails to state the “sum demanded,” as required by statute. Rev. Stat., sec. 2858; Brandenburger v. Easley, 78 Mo. 659. The summons is also void, and the court had no jurisdiction of the case, because it was served by a deputy constable without disclosing the name of his principal. Rev. Stat., sec. 2858, 2862; Mangold v. Dooley, 89 Mo. Ill; Fletcher v. Wear, 81 Mo. 524; Eyerman v. Payne, 28 Mo. App. 72. Appellant’s failure to file an assignment of errors, brief and abstract of the…
1Opinion of the CourtThompson, J.
The plaintiff brought this action before a justice of the peace to recover double damages, under the statute, for killing one of his cows and injuring another. Summons was issued to the constable of the township, but it did not specify the amount of damages claimed, and it was served by a deputy constable, who signed the return in his own name without mentioning the' name of his principal. The defendant did not appear before the justice, but suffered judgment to go against it there by default, and then appealed to the circuit court. In the circuit court the defendant, professing to appear for…
2Cases cited5 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Ser v. BobstSupreme Court of Missouri · 1844
- Gant v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Brandenburger v. EasleySupreme Court of Missouri · 1883
3Cited by6 opinions
- State ex rel. Fairbanks, Morse & Co. v. AyersMissouri Court of Appeals · 1906
- Carter v. Wamack & StaggsMissouri Court of Appeals · 1896
- Handlan-Buck Manufacturing Co. v. Chester, Perryville & Ste. Genevieve RailroadMissouri Court of Appeals · 1912
- Fitzpatrick v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Rechnitzer v. Missouri Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
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