Hadwin v. Home Mutual Insurance
Supreme Court of Missouri
ERROR TO BOOKB CIRCUIT COURT. This is a civil action brought by the defendants in error, in the Boone Circuit Court, against the plaintiff in error, and in which judgment was rendered at the last February term of the court.
Read the full summary
ERROR TO BOOKB CIRCUIT COURT. This is a civil action brought by the defendants in error, in the Boone Circuit Court, against the plaintiff in error, and in which judgment was rendered at the last February term of the court. The petition of the plaintiff is founded upon five several notes which the said Hadwin made to said company, and which are annexed to the petition and so stated in the body of it. ’ Upon the filing of the petition the clerk issued a writ of summons, and indorsed it upon a paper writing as a copy of said petition, when in fact no one of the notes annexed to and made a part…
1Opinion of the CourtRyland, J.
Prom the above statement, the only question for our consideration is the service of the writ in this case by the sheriff upon the plaintiff in error, defendant below. The plaintiff below, in the petition filed in this case, uses the form in some respects as adopted by our Legislature, stating “that defendant, by his promissory note hereto annexed,” &c.(a) The counsel for the plaintiff in error says this statement is required by law, and that by law the notes sued on become a part of the petition and must be copied and sent out with the writ. Ve do not thus construe this statute. Its…
2Cited by3 opinions
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Hanks v. HanksSupreme Court of Missouri · 1909
- Kern v. South St. Louis Mutual InsuranceSupreme Court of Missouri · 1867