Gray v. Gray
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — How. E. R. McKee, Judge. Service is valid and regular for the purpose of jurisdiction, even though the party when served be in prison. Davis v. Duffie, 3 Keys (N. Y. App.) 606; 22 Am. and Eng. Ency. (1 Ed.), page 156; 1 Abb. App. Dec. (N. T.) 486; Stale v. Washington, 37 La.
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Appeal from Scotland Circuit Court. — How. E. R. McKee, Judge. Service is valid and regular for the purpose of jurisdiction, even though the party when served be in prison. Davis v. Duffie, 3 Keys (N. Y. App.) 606; 22 Am. and Eng. Ency. (1 Ed.), page 156; 1 Abb. App. Dec. (N. T.) 486; Stale v. Washington, 37 La. Ann. 828; 12 Moak’s Rep. 688; Smith v. McGlasson, 7 J. J. Marsh (Ky.) 154; Grant v. Dalliber, 11 Conn. 234; R. S. 1899, sec. 2382; R. S. 1899, see. 2921; Williams v. Shackelford, 97 Mo. 322.
1Opinion of the CourtGoode, J.
The parties to this action were married in June, .1901. In February, 1902, the defendant was found guilty of the crime of forgery and sentenced to the State penitentiary for a term of years. In January, 1903, the plaintiff instituted this action for divorce on the ground of Gray’s conviction of felony; a writ was issued directed to the sheriff of Cole county, where the defendant was imprisoned, and was served on the defendant, and a return made showing full compliance with the statutory requirements of service.
' The evidence shows the parties lived together only three weeks, when the…
2Cases cited3 opinions
- Davis v. DuffieThe Superior Court of New York City · 1861
- Phelps v. PhelpsNew York Court of Chancery · 1838
- Hanson v. HansonMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Thompson v. BondDistrict Court, W.D. Missouri · 1976
- Byers v. Sun Savings BankSupreme Court of Oklahoma · 1914
- McLaughlin v. McLaughlinSupreme Court of Missouri · 1910
- James Francis Hill v. Correctional Officer GentryCourt of Appeals for the Eighth Circuit · 1960
- Brown v. BrownMissouri Court of Appeals · 1969
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