Nathan v. Planters Cotton Oil Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) Jurisdiction over defendant could be raised only by demurrer. Rev. Statute Mo. 1909, sec. 1800. (2) Sheriff’s return sufficient and conforms to statutory requirements. Rev. Statutes Mo. 1909, sec. 1767; Stegall v. Pigmant, etc., 150 Mo. App. 283. (3) That defendant was not doing business in Missouri, a question of fact for jury to be raised by plea in abatement. Stegall v. Pigmant, etc., 150 Mo.
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Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) Jurisdiction over defendant could be raised only by demurrer. Rev. Statute Mo. 1909, sec. 1800. (2) Sheriff’s return sufficient and conforms to statutory requirements. Rev. Statutes Mo. 1909, sec. 1767; Stegall v. Pigmant, etc., 150 Mo. App. 283. (3) That defendant was not doing business in Missouri, a question of fact for jury to be raised by plea in abatement. Stegall v. Pigmant, etc., 150 Mo. App. 283; Audenried v. Mill Co., 127 Fed. 677. (1) This case is not properly in this court. There was no final judgment in the case,…
1Opinion of the CourtTrimble, J.
On February 13, 1913, plaintiffs filed a petition in the circuit' court of Jackson county, Missouri, against the Planters Cotton Oil Company and Citizens National Bank of Navas ota, Texas. Under it,, writs of summons and of attachment were duly issued. It seems that service was obtained on the Bank by attaching certain property owned by it and held by the Southwest National Bank of Commerce of Kansas City. On May 13 following, an amended petition was filed, and thereafter the said National Bank of Navasota, Texas, demurred thereto and was sustained.
Thereupon, on July 10, 1913, plaintiffs…
2Cases cited6 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- State ex rel. Texas Portland Cement Co. v. SaleSupreme Court of Missouri · 1910
- Painter v. Colorado Springs & Cripple Creek District Railway Co.Missouri Court of Appeals · 1907
- Vickery v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1902
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3Cited by6 opinions
- Collar v. Peninsular Gas CompanySupreme Court of Missouri · 1956
- Boden v. JohnsonMissouri Court of Appeals · 1930
- Bauch v. Weber Flour Mills Co.Missouri Court of Appeals · 1922
- Goodwin Jean v. American Ry. Express Co.Missouri Court of Appeals · 1927
- State Ex Rel. Mills Automatic Merchandising Corp. v. HoganMissouri Court of Appeals · 1937
1 more not listed; retrieve them via the Exa API.