State ex rel. Parsons Band Cutter & Self Feeder Co. v. McCarthy
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Ho». Francis II. Trimble, Judge. (1') The return of the summons by T. L. McCar-' •thy, the constable, was conclusive as to the facts stated therein, and those facts could not. he contradicted by the defendant, except in an action for a false return. All of the declaration of law asked by plaintiff should have been given. State to use v. O’Neil, 4 Mo.
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Appeal from Livingston Circuit Court. — Ho». Francis II. Trimble, Judge. (1') The return of the summons by T. L. McCar-' •thy, the constable, was conclusive as to the facts stated therein, and those facts could not. he contradicted by the defendant, except in an action for a false return. All of the declaration of law asked by plaintiff should have been given. State to use v. O’Neil, 4 Mo. App. 221; Jeffries v. Wright, 51 Mo. 215; Hollowell v. Page, 24 Mo. 590; Delinger v. Higgins, 26 Mo. 180; Phillips v. Evans, 64- Mo. 17; Heath v. Railroad, 83 Mo. .617; Smoot v. Judd, 184 Mo. 508; Realty…
1Opinion of the CourtEllison, J.
This is an action for false return charged to have been made by defendant as constable. The judgment was for defendant.
One Peters claimed to have a demand against the plaintiff (a foreign corporation) on which, he brought suit before a justice of the peace of Livingston county. A summons was duly issued, directed to the defendant, who was constable. The latter served the summons on a man napaed Way as the agent of plaintiff, and so returned the summons by declaring thereon that he had served the plaintiff by serving Way, “an agent and employee” of plaintiff, and that plaintiff had no office…
2Cases cited1 opinion
- State ex rel. Ross v. CaveSupreme Court of Missouri · 1871