Holland v. Hunton
Supreme Court of Missouri
APPEAL from Hickory Circuit Court. 1. The appellant was not served personally twenty days before the return of the writ, and therefore no judgment could be properly rendered against him at the return term of the court, this being a suit on a note.
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APPEAL from Hickory Circuit Court. 1. The appellant was not served personally twenty days before the return of the writ, and therefore no judgment could be properly rendered against him at the return term of the court, this being a suit on a note. See as to this, practice in courts of justice, article 5, section 6. 2. The suit was brought in Hickory county, against the appellant who was a resident of Benton county, where process was served upon him, and it does not appear from the record that the other defendant, (below) White, was a resident of Hickory county, or that process was served upon…
1Opinion of the CourtRyland, J.
The plaintiff brought his civil action in the Hickory circuit court against the defendants, Hunton & White, upon a promissory note signed by Hunton and endorsed by White; the note was originally payable to R. P. Benson and by her assigned to the plaintiff.
The petition avers the liability of White, as the endorser for Hunton.
The clerk of Hickory circuit court issued a summons to the sheriff of Hickory county against White, and to the sheriff df Benton county he issued a summons with a counterpart of the petition and writ against Hunton. The sheriff of Hickory served the summons on White on the…
2Cited by2 opinions
- Write Away Pen Co. v. BucknerMissouri Court of Appeals · 1915
- North v. NelsonSupreme Court of Missouri · 1855