Gate City Electric Co. v. Corby
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. ' Tinder the facts in this case, the service upon the secretary was service upon a chief officer, within the requirement of the statute. R. S. 1889, sec. 2527.; Sch'aeffer v. Phoenix Brewery Company, 4 Mo.
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Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. ' Tinder the facts in this case, the service upon the secretary was service upon a chief officer, within the requirement of the statute. R. S. 1889, sec. 2527.; Sch'aeffer v. Phoenix Brewery Company, 4 Mo. App. 115. The sufficiency of the return can only be determined from the return itself; and, upon the face of the return in this case, it is bad, for the reason it shows neither service upon the chief officer nor upon anyone in charge of the business office of the company. Hill v. Ore ancl Steel Co., 90 Mo. 106; 2 Beach on…
1Opinion of the CourtGill, J.
—The Hate City Electric Company sued the St. Joseph Electrical Supply Company, a corporation, before a justice of the peace. The constable’s return on the summons was as follows:
“I hereby certify that I have executed the within writ by delivering a true copy of the same to Walter C. Stewart, secretary of the St. Joseph Electrical Supply Company, the president or other chief officer not found in my county, the sixth day of June, 1893', in Washington township, Buchanan county, Missouri.
“W. R. WOMAOH,
“Constable.”
■ There was. a judgment by default in .the justice’s court, and subsequently the…
2Cited by2 opinions
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Stanley v. Sedalia Transit Co.Missouri Court of Appeals · 1909