State ex rel. Estes v. Staed

The present controversy grows out of the return of the service of a summons in the case of Gamasche v. Grand Lodge of the Brotherhood of Railroad Trainmen. In Gamasche to use v. Smythe et al., Garnishees, 60 Mo. App. 161, which was an incidental proceeding by garnishment on execution against the Grand Lodge, we decided that the garnishees could not be held, because the sheriff’s return in the main case *29was an insufficient return of constructive service to bring a foreign corporation into court, while the petition in the case stated that the Grand Lodge was a foreign corporation. The judgment…