Handlan-Buck Manufacturing Co. v. Chester, Perryville & Ste. Genevieve Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. R. G. Ranney, Judge. (1) The return shows on its face that the service is void, because had on an agent of defendant corporation, without the absence of the president or other chief officer from the comity. Secs. 1766 and 1767, R S. 1909; Rixke v. Telegraph Co., 96 Mo. App. 40'6; Land & Mining Co. v. Current River, etc., Co., 187 Mo. 432; 'Stanley v. Transit Co., 136 Mo. App. 388; Bente v. Typewriter Co., 116 Mo.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. —Hon. R. G. Ranney, Judge. (1) The return shows on its face that the service is void, because had on an agent of defendant corporation, without the absence of the president or other chief officer from the comity. Secs. 1766 and 1767, R S. 1909; Rixke v. Telegraph Co., 96 Mo. App. 40'6; Land & Mining Co. v. Current River, etc., Co., 187 Mo. 432; 'Stanley v. Transit Co., 136 Mo. App. 388; Bente v. Typewriter Co., 116 Mo. App. 77. (2) The defendant, having made timely objection to the jurisdiction, both in the justice court and in the common…
1Opinion of the CourtNortoni, J.
This is a suit on an account, which originated before a justice of the peace. Defendant is a railroad company incorporated under the Missouri statutes. Plaintiff insituted the present suit on an account for indebtedness against defendant before a justice of the peace, and the constable served the summons upon Ralph Schultz, defendant’s auditor. The return on the summons is as follows:
“I hereby certify that I served the within writ by delivering a copy to Ralph Schultz, agent and auditor of the within named corporation, in charge of an office and place of business of said corporation in Cape…
2Cases cited10 opinions
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Trimble v. ElkinMissouri Court of Appeals · 1901
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Eminence Land & Mining Co. v. Current River Land & Cattle Co.Supreme Court of Missouri · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- Swezea v. JenkinsMissouri Court of Appeals · 1914
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BrousMissouri Court of Appeals · 1920
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BrousMissouri Court of Appeals · 1920