Leonard v. Sparks
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The notice to Edward H. Bouton in the mayor’s court was sufficient. It was served more than six days before the jury was impaneled. This was all that was required by the charter of the city.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The notice to Edward H. Bouton in the mayor’s court was sufficient. It was served more than six days before the jury was impaneled. This was all that was required by the charter of the city. Laws, 1875, p. 244, see. 2; see, also, Bowman v. B,ailroad, 102 111. 472. ’(2) The record shows that Bouton was a party to the proceedings, and the recital of the mayor’s record is that “the court adjudges that all parties have been duly notified and all persons interested duly served.” The cause was appealed to the circuit court by…
1Dissent
DISSENTING OPINION.
Smith, P. J.
I. The question here presented for decision is whether five days’ notice to Bouton before the jury was impaneled, when he was entitled to six days’ notice under the provisions of section 2, article 7, *600Acts, 1875, page 244, was sufficient to confer jurisdiction over Ms person for the purpose of the proceedings. It is conceded that the notice was in due form and executed by the proper officer. The precise objection to it is that it was not served the requisite number of days before the jury was to be impaneled by the mayor. No question respecting the regularity of…
2Cases cited39 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Galpin v. PageSupreme Court of the United States · 1874
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Morrow v. WeedSupreme Court of Iowa · 1856
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