Gamasche ex rel. Estes v. Smythe
Missouri Court of Appeals
Appeal from the'St. Louis City Circtiit Court. — Hon. Daniel D. Fisher, Judge. The same rule in respect to corporations obtains everywhere. The officers’ return must show that service was made upon the identical officer or agent of the corporation pointed out by the statute. And where there isno appearance and the judgment goes by default, the return is strictly construed in all courts when drawn in question.
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Appeal from the'St. Louis City Circtiit Court. — Hon. Daniel D. Fisher, Judge. The same rule in respect to corporations obtains everywhere. The officers’ return must show that service was made upon the identical officer or agent of the corporation pointed out by the statute. And where there isno appearance and the judgment goes by default, the return is strictly construed in all courts when drawn in question. Alexandria v. Fairfax, 95 U. S. 774; Kennedy v. Society, 38 Cal. 151; Railroad v. Miller, 87111. 45; Reddingtonv. Mining Co. 19 Hun, 405; Lake Shore Có. v. FLunt, 39 Mich. 469; Upper…
1Opinion of the CourtRombauee, P. J.
The plaintiff obtained a judgment upon default against the Grand Lodge of the Brotherhood of Railroad Trainmen, a foreign corporation, and caused the defendants to be summoned as garnishees of the corporation. The garnishees by *163answer attacked the validity of the judgment and execution, upon which, they were garnisheed, by setting up that the same were void for want of service of process on the judgment defendant. The coui’t overruled this objection, and rendered judgment against the garnishees, who appeal and complain that such ruling was erroneous.
The statute, authorizing service on foreign…
2Cases cited7 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Stewart v. StringerSupreme Court of Missouri · 1867
- Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Brown v. LangloisSupreme Court of Missouri · 1879
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3Cited by7 opinions
- Regent Realty Co. v. Armour Packing Co.Missouri Court of Appeals · 1905
- Carter v. FlynnMissouri Court of Appeals · 1938
- Hajek v. Bohemian-Slavonian Benevolent SocietyMissouri Court of Appeals · 1896
- Vickery v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1902
- Brassfield v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.