Cloud v. Inhabitants of the Town of Pierce City
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. G. Mc-Gregor, Judge. (1) The court had no jurisdiction of the person of the defendant. The summons was not served upon the chief officer, mayor, or “chairman of the board of trustees,” as he was termed by chapter 41, page 240, General Statutes, 1865. “ Process must be served on the mayor or other head officer.”
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Appeal from Lawrence Circuit Court. — Hon. M. G. Mc-Gregor, Judge. (1) The court had no jurisdiction of the person of the defendant. The summons was not served upon the chief officer, mayor, or “chairman of the board of trustees,” as he was termed by chapter 41, page 240, General Statutes, 1865. “ Process must be served on the mayor or other head officer.” Tidd’s Prac. 121 ; McQueen v. Mfg, Co., 16 Johns. 6. In this case against a town there must have been an actual personal service, as laid down by Tidd, and provided by the Laws, 1875, page 105, in order to give jurisdiction of defendant.…
1Opinion of the CourtSherwood, J.
— I. The first point for consideration is, whether in contemplation of law any valid process was had on the inhabitants of the town of Pierce City, authorizing a judgment to be rendered against that corporation on the lost warrant. The defendant was incorporated under the provisions of the general law (Greneral Statutes, 1865, chapter 41, page 239), and the chairman of its board of trustees was its chief officer. Ib., page 243, section 18. The service of the summons which issued to bring the defendant before the court was had on July 8, 1875, and the^return on the summons is in this form:
“Exec…
2Cases cited22 opinions
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- Harris v. HardemanSupreme Court of the United States · 1853
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