Taylor v. Helter
Missouri Court of Appeals
Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The sheriff’s return is invalid and will hot support the default judgment. The sheriff’s return recites two things, viz: 1st. That defendant is a nonresident of this State, and 2nd. That at the time of the service he “was about leaving the county and the State.” Section 1785, E. S. 1909, clearly refers to conditions under which residents of the State may be served.
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Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The sheriff’s return is invalid and will hot support the default judgment. The sheriff’s return recites two things, viz: 1st. That defendant is a nonresident of this State, and 2nd. That at the time of the service he “was about leaving the county and the State.” Section 1785, E. S. 1909, clearly refers to conditions under which residents of the State may be served. Other statutes relate to and control the manner of obtaining service on nonresidents. The return does not sIioav the place of service. The “’time.…
1Opinion of the CourtAllen, J.
Plaintiff instituted this action in the circuit court of Pike county seeking to recover the sum of $2490 as damages, alleged to have been sustained by him by reason of false and fraudulent representations charged to have been made by the defendant in the course of a transaction whereby plaintiff exchanged certain real estate for real estate belonging to the defendant. The defendant was served with a writ of summons on November 15, 1914, that day being Sunday. The sheriff’s return, endorsed upon the writ, is as follows:
“I hereby certify that I served the within writ and process on the within…
2Cases cited6 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- Minor v. Edwads & PriceSupreme Court of Missouri · 1848
- Holtschneider v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- Davis v. RichmondSupreme Court of Vermont · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bedell v. Richardson Lubricating Co.Court of Appeals of Kansas · 1919
- Granger v. ShouseDistrict Court, W.D. Missouri · 1950
- Jones v. JonesMissouri Court of Appeals · 1986
- Yowell v. MacE.Missouri Court of Appeals · 1927
- Timothy Taylor v. ServiceSource, Inc.District Court, E.D. Missouri · 2026