Roberts v. Stone
Missouri Court of Appeals
Appeal from Livingston Circuit Court.— Eon. J. W. Alexander,■ Judge. (1) The false return made by the sheriff in an action at law may be attacked and set aside in court of equity upon a direct proceeding brought for that purpose.
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Appeal from Livingston Circuit Court.— Eon. J. W. Alexander,■ Judge. (1) The false return made by the sheriff in an action at law may be attacked and set aside in court of equity upon a direct proceeding brought for that purpose. Phillips v. Evans, 64 Mo. 17; Ryan v. Boyd, 33 Ark. 778; Ridgeway v. Bank, .50 Tenn. 522; Hamblen v. Knight, 60 Tex. 36; Constitution, art. 2, sec. 30; Smoot v. Judd, 161 Mo. 673. (2) Where a suit is brought in a county in this State wherein the plaintiff resides, against two defendants and both of them reside outside of that county and in different counties in this…
1Opinion
OPINION ON MOTION POR REHEARING ON THE PART OP M. C. ' ROBERTS AND A. G. ROBERTS, APPELLANTS.
SMITH, P. J.
This is a motion filed by plaintiffs for a rehearing on the ground that there ,was no service of the original process' on M. C. Roberts in the action •of S. A. Stone against M. C. Roberts and Gr. Gr.- Roberts. In the first opinion delivered by us in the- présent case- it was said, touching this point:
“The certified copy of the petition and writ served on the defendant Minnie C. Roberts by the name of M. C. Roberts was directed to her alone. The plaintiffs produced this copy at the trial…
2Cases cited9 opinions
- Skelton v. SackettSupreme Court of Missouri · 1886
- Parry v. WoodsonSupreme Court of Missouri · 1863
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Turner v. GregorySupreme Court of Missouri · 1899
- Patterson v. YanceyMissouri Court of Appeals · 1903
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