Thomasson v. Mercantile Town Mutual Insurance
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Appellant insists that the trial court did not have jurisdiction over the person of defendant, because of the defect in the sheriff’s return. Counsel for respondent insist, however, that the “principal office” contemplated by Sec. 8092, R. S. 1899', is the same as the “usual office,” which the sheriff certifies was the place where he served the summons .on J. W. Daugherty, secretary of defendant corporation.
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Transferred from St. Louis Court of Appeals. (1) Appellant insists that the trial court did not have jurisdiction over the person of defendant, because of the defect in the sheriff’s return. Counsel for respondent insist, however, that the “principal office” contemplated by Sec. 8092, R. S. 1899', is the same as the “usual office,” which the sheriff certifies was the place where he served the summons .on J. W. Daugherty, secretary of defendant corporation. If defendant had its principal office at a certain place, surely then that place was its usual office. In other words, principal and usual…
1Opinion of the CourtGantt, P. J.
This appeal has been certified to this court by the St. Louis Court of Appeals on account of a dissent of one of the judges of that court, in which he holds that the opinion of the majority of that court is in conflict with a decision of this court.
The action was begun in the circuit court of Dunklin county, April, 1903. The petition omitting the caption is as follows:
“Plaintiff for his cause of action states that defendant is, and was, at all times hereinafter mentioned, a corporation duly organized and existing under the laws of the State of Missouri, doing a fire insurance business, with…
2Cases cited16 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Little v. HarringtonSupreme Court of Missouri · 1880
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Lilly v. MenkeSupreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- McDonald Ex Rel. Baber v. Kansas City Gas Co.Supreme Court of Missouri · 1933
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Mertens v. McMahonSupreme Court of Missouri · 1933
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Gover v. ClevelandMissouri Court of Appeals · 1957
34 more not listed; retrieve them via the Exa API.