Proctor v. Missouri, Kansas & Railway Co.
Missouri Court of Appeals
Appeal from, the Howard Circuit Cotort.— TIon. Gr. H. Burckhartt, Judge. (1) There is no service of process upon the defendants, Eddy and Cross, and the motion to dismiss filed by them should have been sustained. First. The motion itself is sufficiently definite to present the defects in the return of service. Jordan v. Railroad, 61 Mo. 52. Second.
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Appeal from, the Howard Circuit Cotort.— TIon. Gr. H. Burckhartt, Judge. (1) There is no service of process upon the defendants, Eddy and Cross, and the motion to dismiss filed by them should have been sustained. First. The motion itself is sufficiently definite to present the defects in the return of service. Jordan v. Railroad, 61 Mo. 52. Second. The service upon the agent in charge of the business' officp of the Missouri, Kansas and Texas Railway Company as stated in the return is not service upon either of the defendants, Eddy and Cross. Heath v. Railroad, 83 Mo. 620; R. S., secs. 2526,…
1Opinion of the CourtEllison, J.
Plaintiff instituted this action by filing the following petition:
‘ ‘ Bartley Proctor, Plaintiff, vs. “Missouri, Kansas and Texas Railway Company, a Corporation ; George A. Eddy and H. C. Cross, Receivers, Defendants.. “Now at this day comes the plaintiff and for his amended petition, leave of court having been asked and obtained, states: That the Missouri, Kansas and Texas Railway Company is a corporation, incorporated according to law; that the defendants, George A. Eddy and H. C. Cross, are the receivers of the corporation, appointed as such by Judge David J. Brewer, Judge of the eighth…
2Cases cited3 opinions
- Combs v. SmithSupreme Court of Missouri · 1883
- Ranney v. ThomasSupreme Court of Missouri · 1869
- State ex rel. Hunter v. MaulsbySupreme Court of Missouri · 1873
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