Legal Opinion

Chilton v. Cady

Supreme Court of Missouri

Decided April 6, 1923PublishedCited by 8 opinions

Appeal from G-reene Circuit Court. — Hon. Orin Putter-son, Judge. (1) An allegation in plaintiff’s petition that defendant is a non-resident of Missouri authorizes the clerk of the court to issue an order of publication directed to defendant, and authorizes rendition of judgment in the cause upon such publication. The validity of the service does not depend upon the fact of non-residence of the defendant.

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Appeal from G-reene Circuit Court. — Hon. Orin Putter-son, Judge. (1) An allegation in plaintiff’s petition that defendant is a non-resident of Missouri authorizes the clerk of the court to issue an order of publication directed to defendant, and authorizes rendition of judgment in the cause upon such publication. The validity of the service does not depend upon the fact of non-residence of the defendant. If the allegation is made in good faith the service thereby had is unimpeachable. Sec. 1196, R. S. 1919; State ex rel. v. Clarkson. 88 Mo. App. 558; Payne v. Lott, 90 Mo. 681; Tooker v.…

1Opinion of the Court

The above two cases were consolidated and tried as one case. The case of Chilton v. Cady is a suit in ejectment, and Cady v. Randell is a suit in equity to set aside a sheriff's sale and judgment to quiet title. The land involved is 320 acres in Shannon County, where the suits were originally brought.

The answer in the ejectment suit is substantially the same as the petition in equity, and both cases present the same issues.

The amended petition of Cady v. Randell was filed February 16, 1920, in the Circuit Court of Shannon County. The petition of Chilton v. Cady was filed February 4, 1920, in…

2Cases cited3 opinions

  1. Lockhart v. McElroySupreme Court of Alabama · 1843
  2. Irvine v. LeyhSupreme Court of Missouri · 1890
  3. McClure v. LoganSupreme Court of Missouri · 1875

3Cited by8 opinions

  1. Burnison v. SoundersMissouri Court of Appeals · 1931
  2. Bovard v. BovardMissouri Court of Appeals · 1939
  3. Witcher v. HanleySupreme Court of Missouri · 1923
  4. Dillbeck v. Johnson.Supreme Court of Missouri · 1939
  5. Leo Jay Rosen Associates, Inc. v. SchultzDistrict Court of Appeal of Florida · 1963

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