Gant v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. George W. Dunn, v Judge. This was a-suit commenced before a justice of the peace in Kearney township, Clay county, to recover damages for killing a cow. Sammons was issued, directed to the constable of Shoal township, in Clinton county, and was served on the defendant’s station agent at Cameron, in that county.
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Appeal from Clay Circuit Court. — Hon. George W. Dunn, v Judge. This was a-suit commenced before a justice of the peace in Kearney township, Clay county, to recover damages for killing a cow. Sammons was issued, directed to the constable of Shoal township, in Clinton county, and was served on the defendant’s station agent at Cameron, in that county. The plaintiff recovered judgment by default before the justice, and after moving to set aside the default, on the ground that the justice had no jurisdiction of the person of the defendant, the defendant appealed to the circuit court, where it…
1Opinion of the CourtSherwood, J.
Action before a justice of the peace of Kearney township, Olay county, for killing plaintiff’s roan cow. The summons was directed to the constable of Shoal township, Clinton county, and was served by him on defendant’s station agent at Cameron, in that county. Section 2865, Revised Statutes, provides that “ if there be no such station agent in the county, the justice may issue his summons directed to any constable of the nearest township in any other county where there may be a station agent of such railroad.” It was shown that Shoal township was not the nearest township in Clinton county to…
2Cases cited1 opinion
- Ser v. BobstSupreme Court of Missouri · 1844
3Cited by12 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Fowler v. FowlerSupreme Court of Oklahoma · 1905
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Fowler v. Continental Casualty Co.New Mexico Supreme Court · 1912
- Eubank v. Pope, Lockwood & Co.Missouri Court of Appeals · 1887
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