Sloan v. Forse
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. The publication proved in this case under the statute, was altogether insufficient, and hence the judgment was illegal, and should have been set aside on defendant’s motion. Rev. Stat., 1845, p. 137. The 14th section of the attachment law, p. 137, requires that the order of publication shall state the “nature and amount of the plaintiff’s demand,” &c.
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APPEAL from St. Louis Circuit Court. 1. The publication proved in this case under the statute, was altogether insufficient, and hence the judgment was illegal, and should have been set aside on defendant’s motion. Rev. Stat., 1845, p. 137. The 14th section of the attachment law, p. 137, requires that the order of publication shall state the “nature and amount of the plaintiff’s demand,” &c. Compliance strictly with this law is i:¡dispensible — non-compliance made the judgment by default illegal, and if the record contained all that was done in such a case as done here, such judgment would…
1Opinion of the CourtMcBride, J.
Jeremiah Forse instituted his action of assumpsit in the Circuit Court of St. Louis county against Edward C. Sloan, by attachment. The declaration consists of one count for freight for the transportation of lead from Galena, Ill., to St. Louis. The defendant not having been personally served with process, nor appearing to the action, an order of publication was made at the return term of the writ. At the subsequent term the plaintiff proved the publication of notice as required by the order of court, and moved for a judgment by default against the defendant; which was entered, and an enquiry…
2Cited by2 opinions
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Haywood v. RussellSupreme Court of Missouri · 1869