Pitkin v. Flagg
Supreme Court of Missouri
Appeal from Scotland Circuit Court.— Hon. E. B. McKee, Judge. (1) It is the duty of the trial court, when a summons has been issued and returned, and the return shows that part of the defendants have not been served, but the officer returns his summons non est, to make an order for publication notifying such defendants as required by law.
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Appeal from Scotland Circuit Court.— Hon. E. B. McKee, Judge. (1) It is the duty of the trial court, when a summons has been issued and returned, and the return shows that part of the defendants have not been served, but the officer returns his summons non est, to make an order for publication notifying such defendants as required by law. R. S. 1899, sec. 577. (2) A non est return implies that the officer has made diligent effort to find defendants, and such a return is sufficient to satisfy the court that process cannot be served. State ex rel. v. Finn, 87 Mo. 310; (3) The trial court should…
1Opinion of the CourtGantt, J.
The plaintiff began this action in the circuit court of Scotland county to set aside a sheriff’s deed. The petition was filed October 18, 1902.
The petition, in short, alleges that plaintiff by reason of being an heir at law of H. G. Pitkin, deceased, is entitled to an undivided one-eighth of all the property of which said H. G. Pitkin died seized. The petition sets forth a description of the real estate, all lying in Scotland county, Missouri. It is then alleged that the defendants, except Flagg, Roberts and Collins, are the other heirs at law of the said H. G. Pitkin, deceased. It is then…
2Cases cited1 opinion
- Keithley v. MaySupreme Court of Missouri · 1859
3Cited by7 opinions
- Guhman v. GrotheSupreme Court of Missouri · 1940
- Mayne v. Jacob Michel Real Estate Co.Missouri Court of Appeals · 1944
- Ferber v. BruecklSupreme Court of Missouri · 1929
- State ex rel. Spring River Electric Power Co. v. ThurmanSupreme Court of Missouri · 1910
- Weaver v. WoodlingMissouri Court of Appeals · 1925
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