Priest v. Capitain
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) "Where the officer serving the writ without the State of Missouri swears to it before anybody but the “clerk or judge of the court of which he is an officer,” the return is void. R. S. 1899, sec. 582; R. S. 1889, sec. 2029; Russell v. Grant, 122 Mo. 179; Murdock v. Hillyer, 45 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) "Where the officer serving the writ without the State of Missouri swears to it before anybody but the “clerk or judge of the court of which he is an officer,” the return is void. R. S. 1899, sec. 582; R. S. 1889, sec. 2029; Russell v. Grant, 122 Mo. 179; Murdock v. Hillyer, 45 Mo. App. 287; Adams v. Heckscher, 80 Fed. 742; Barber v. Morris, 37 Minn. 194; Harris v. Sargent, 37 Ore. 41; State v. Foreman, 121 Mo. App. 509. (2) Where a mode of securing jurisdiction differing from that of the common law is prescribed by…
1Opinion of the CourtGraves, P. J.
In 1892, John G. Priest, trustee, for Sophia Capitain, Manette Capitain, and Prank J. Capitain filed a bill in equity in the St. Louis Circuit Court against Sophia M. Capitain, Ringrose J. Capitain, Isabella Capitain, Chouteau Capitain, Ringrose J. Watson and Catherine A. Watson, his wife. The petition uses both the names Sophia Capitain and Sophia M. Capitain, but they both refer to the same person.
By this petition it was alleged that Ringrose J. Watson conveyed to Joseph Bogy and Edward T. Parish, certain property in the county and city of St. Louis in trust for Sophia Capitain, his…
2Cases cited16 opinions
- Martin v. BarbourSupreme Court of the United States · 1891
- Ferguson v. HarwoodSupreme Court of the United States · 1813
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Moss v. FitchSupreme Court of Missouri · 1908
- Small v. FieldSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- State ex rel. Bowling Green Trust Co. v. BarnettSupreme Court of Missouri · 1912
- Southwestern Bell Telephone Co. v. NewinghamMissouri Court of Appeals · 1965
- Osagera v. SchaffSupreme Court of Missouri · 1922
- John McMenamy Investment & Real Estate Co. v. Stillwell Catering Co.Supreme Court of Missouri · 1916
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