Evans-Smith Drug Co. v. White
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The summons issued in this case by the justice was actually served upon the defendant, and it was the duty of the defendant to appear in answer .thereto, whether served by the right name or not, and if she did not appear in answer thereto she can not be heard to complain of the judgment. Parry v. Woodson, 33 Mo. 34Y; Lumber Co. v. Lumber Co., 39 Mo.
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Appeal from the Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The summons issued in this case by the justice was actually served upon the defendant, and it was the duty of the defendant to appear in answer .thereto, whether served by the right name or not, and if she did not appear in answer thereto she can not be heard to complain of the judgment. Parry v. Woodson, 33 Mo. 34Y; Lumber Co. v. Lumber Co., 39 Mo. App. 1. c. 218; Kronski v. Railroad, YY Mo. 1. c. 3Y0; Penn. Co. v. Sloan, 125 111. Y2; s. c., 8 Am. St. Rep. 33Y; Railroad, v. Bolding, 30 Am. St. Rep. 1. c. 541; s. c., 69…
1Opinion of the CourtEllison, J.
This action is based on an account for merchandise. It was begun before a justice of the peace where plaintiff failed to appear at the return day. The defendant did appear and filed her motion to dismiss the cause for want of prosecution which the justice sustained. Afterwards, plaintiff appealed to’the circuit court, giving written notice of such appeal to defendant. The suit as instituted before the justice was against “H. A. White” and the account was not itemized. The. summons issued by the justice directed that “Mrs. S. O. White” be summoned and the constable made return that he had…
Also in this document: Concurrence.
2Cases cited3 opinions
- Parry v. WoodsonSupreme Court of Missouri · 1863
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Moulder v. AndersonMissouri Court of Appeals · 1895
3Cited by1 opinion
- Charles "Jeff" Chick v. Moving Proz, LLC.Missouri Court of Appeals · 2024