Legal Opinion

Smith's Administrator v. Rollins

Supreme Court of Missouri

Decided July 15, 1857PublishedCited by 15 opinions

Error to Moniteau Circuit Court. This was a suit against David E. G-. Rollins and others upon a promissory note for $250. The following is the return of the service of process by the sheriff: “ I do hereby certify that I served the within petition and writ on the within named David E. G-. Rollins, Alexander R. Nelson, Edwin H. Daggett and William McKissick, by delivering a copy to the said A. R. Nelson, E. H. Daggett and William McKissick on this 28th day of August, 1856,…

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Error to Moniteau Circuit Court. This was a suit against David E. G-. Rollins and others upon a promissory note for $250. The following is the return of the service of process by the sheriff: “ I do hereby certify that I served the within petition and writ on the within named David E. G-. Rollins, Alexander R. Nelson, Edwin H. Daggett and William McKissick, by delivering a copy to the said A. R. Nelson, E. H. Daggett and William McKissick on this 28th day of August, 1856, and by delivering a copy to the wife of the said D. E. G. Rollins, over sixteen years of age, on this 6th day of…

1Opinion of the CourtSoott, Judge

The defendant Rollins being impleaded with others, a judgment by default was taken against him on a service of process which was in the words that follow: “ I do certify that I served the within petition and writ on the within named David E. G-. Rollins by delivering a copy to the wife of the said D. E. G-. Rollins, over sixteen years of age, on this 6th day of September, 1856, in Moniteau county.” The statute directs (R. 0. 1855, p. 1223) that one of the modes of service of a summons shall be by leaving a copy of the petition and writ at the usual place of abode of the defendant, with some…

2Cases cited2 opinions

  1. Rush v. RushSupreme Court of Missouri · 1854
  2. Whiting v. BuddSupreme Court of Missouri · 1838

3Cited by15 opinions

  1. Foreman v. CarterSupreme Court of Kansas · 1872
  2. State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
  3. Gates v. TustenSupreme Court of Missouri · 1886
  4. Feurt v. CasterSupreme Court of Missouri · 1903
  5. Schell v. LelandSupreme Court of Missouri · 1870

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