Ad Valorem Mining Co. v. Miller
Supreme Court of Missouri
Appeal' from Jasper Circuit Court. — Hon J. D. PerTcins, Judge. (1) In constructive service where a method has been prescribed, that method is preclusive and must he observed literally and strictly. Stewart' v. Stringer, 41 Mo. 400; Stanton v. Thompson, 234 Mo. 1; Harness v. Cravens, 126 Mo. 233. For the court has no authority to permit a different service or process from that outlined in the statutes. Such a course is exclusively the prerogative of the Legislature.
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Appeal' from Jasper Circuit Court. — Hon J. D. PerTcins, Judge. (1) In constructive service where a method has been prescribed, that method is preclusive and must he observed literally and strictly. Stewart' v. Stringer, 41 Mo. 400; Stanton v. Thompson, 234 Mo. 1; Harness v. Cravens, 126 Mo. 233. For the court has no authority to permit a different service or process from that outlined in the statutes. Such a course is exclusively the prerogative of the Legislature. Harness v. Cravens, 126 Mo. 247; Windso v. McVeigh, 93¡ U. S. 283. (2) The return is had for it is not according to the statute…
1Opinion of the CourtWilliams, J.
Plaintiff’s petition: is in 'two counts. The first count is the usual statutory action to determine the title to the south half of the northeast quarter of the southeast quarter of section 16, township 27, range 33, Jasper County, Missouri.
The second count involves the same land and seeks to have cancelled as a cloud upon the title a certain tax deed purporting to convey said land to the defendants. The tax deed is attacked on the ground that it lias as a basis a void judgment.
The answer alleges defendants to be the owners in fee simple of said land and that by the tax deed above mentioned…
2Cases cited2 opinions
- Cruzen v. StephensSupreme Court of Missouri · 1894
- Cummings v. BrownSupreme Court of Missouri · 1904
3Cited by2 opinions
- Diekroger v. McCormickSupreme Court of Missouri · 1942
- Weidman v. ByrneMissouri Court of Appeals · 1920