Crossland v. Admire
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Tbe order of publication was void. Spurlock v. Dougherty, 81 Mo. 171; Lagrone v. Rains, 48 Mo. 536. In State v. Einn, 11 Mo.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Tbe order of publication was void. Spurlock v. Dougherty, 81 Mo. 171; Lagrone v. Rains, 48 Mo. 536. In State v. Einn, 11 Mo. App. 408, the court referring to section 2024, says: “The court is not necessarily to make the order of publication upon the evidence of the sheriff’s return, but it must be ‘first satisfied that process can not be served.’ This undoubtedly contemplates and requires an independent judicial inquiry on the part of .the court, and a judicial ascertainment of the fact that the defendant is beyond the reach of…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover an eighty acre tract of land in Lincoln county. The *653petition is in common form. The defendant, though duly-summoned, did not answer or otherwise plead, and final judgment was entered against him. Afterward, upon the same day, on motion of defendant, the judgment was set aside, and from the order setting aside the judgment the plaintiff appealed to this court, where the appeal was dismissed on the twenty-first of November, 1893. [118 Mo. 87.]
The record entries of the proceedings thereafter had in the case, as shown by the transcript filed herein, are…
2Cases cited3 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Holt v. SimmonsMissouri Court of Appeals · 1883
3Cited by26 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1899
- Hill v. CombsMissouri Court of Appeals · 1902
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
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