Legal Opinion

Clark v. Brotherhood of Locomotive Firemen

Missouri Court of Appeals

Decided May 11, 1903PublishedCited by 8 opinions

Appeal from Linn Circuit Court. — Ho#. John P. Butler, Judge. (1) “Personal service of process upon a non-resident defendant in a State other than the State issuing the process, is insufficient to subject his person to the jurisdiction of the court, because a State can not eifeclively send its process beyond its own limits, and a judgment by default against a non-resident so served is void in personam, both within and without the State of its rendition, and no action can be…

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Appeal from Linn Circuit Court. — Ho#. John P. Butler, Judge. (1) “Personal service of process upon a non-resident defendant in a State other than the State issuing the process, is insufficient to subject his person to the jurisdiction of the court, because a State can not eifeclively send its process beyond its own limits, and a judgment by default against a non-resident so served is void in personam, both within and without the State of its rendition, and no action can be maintained upon it. ” Reno on Non-residents, sec. 198; Harkness v. Hyde, 98 U. S. 476; Denny v. Ashley, 12 Oolo. 165;…

1Opinion of the CourtSmith, P. J.

The .defendant, The Brotherhood of Locomotive Firemen, is an unincorporated mutual benefit association located in the-State of Illinois, where its chief officers -consisting of grand master, grand secretary and treasurer reside. It is composed of numer*691ous subordinate lodges located in various States and among which is the defendant, the Marceline Lodge No. 486 of the Brotherhood of Locomotive Firemen in this State, of which plaintiff is a member. The object and purpose of the association, amongst others, is to insure its members against death and total disability, and to provide for such…

2Cases cited12 opinions

  1. Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  2. Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  3. Tower v. MooreSupreme Court of Missouri · 1873
  4. Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
  5. Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. New York Life Insurance v. ThompsonCourt of Appeals of Georgia · 1932
  2. Harrison v. MurphyMissouri Court of Appeals · 1904
  3. DeVore v. Mutual Life InsuranceMontana Supreme Court · 1937
  4. Kerr v. KerrMissouri Court of Appeals · 1975
  5. Chapman v. ChapmanMissouri Court of Appeals · 1916

3 more not listed; retrieve them via the Exa API.

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