Lawrence-Leiter & Co. v. Patel

I dissent. This is not a case where a defendant was not served with process. Nor is it a case where the jurisdiction of the court depends upon constructive service or abode service for a person not correctly named as a defendant who is not actually served. Cf. Blackburn v. Holmes, 317 S.W.2d 408 (Mo.1958). Ranchan Patel was actually served with a summons with a copy of the petition attached. The caption of the Petition in this case named the defendants as: “VASANT B. PATEL & RINA PATEL D/B/A TOWN HOUSE MOTEL”. (Emphasis added.) Each of the summons bore the same caption. The first paragraph of…