Legal Opinion

Hamill v. Talbott

Missouri Court of Appeals

Decided October 30, 1899PublishedCited by 14 opinions

Appeal from the Nodaway Circuit Court. — Hon. 8. B. Beech, Special Judge. (1) What is the meaning of the words, “usual place of residence?” Harrison v. Earmington, 35 N. J. Eq. 4; Lee v. Macfee, 45 Minn. 33; Dunkle v. Elston, 71 Ind. 585; Lucas v. Wilson, 67 Ga. 356; Giles v. Hicks, 45 Ark. 271; Huntley v. Baker, 33 Hun. 578. As before stated, the word resident as used here, has the same meaning as when used in statutes relating to attachments.

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Appeal from the Nodaway Circuit Court. — Hon. 8. B. Beech, Special Judge. (1) What is the meaning of the words, “usual place of residence?” Harrison v. Earmington, 35 N. J. Eq. 4; Lee v. Macfee, 45 Minn. 33; Dunkle v. Elston, 71 Ind. 585; Lucas v. Wilson, 67 Ga. 356; Giles v. Hicks, 45 Ark. 271; Huntley v. Baker, 33 Hun. 578. As before stated, the word resident as used here, has the same meaning as when used in statutes relating to attachments. See 1 Shinn on Attch., secs. 90, 91 et seq. (2)' Is the defendant estopped from denying the validity of the judgment? But it is careless, loose…

1Opinion of the CourtSmith, P. J.

This is an action on a judgment rendered by an Ohio court. The cause was here by an appeal on another occasion, as may be seen by reference to 72 Mo. App. 22. Most of the facts necessary for a full understanding of the questions raised by the present appeal can be gleaned from th'e opinion there reported. The record recites jurisdiction by due service of process, and the sheriff’s return, indorsed on the back of the writ of summons, is as follows: “Received 2 o’clock p. m. on 24th day of November, 1891, and on 2Yth day 'of November, A. D. 1891, I served the same, by leaving a true copy…

2Cases cited19 opinions

  1. Robertson v. CeaseSupreme Court of the United States · 1878
  2. Carpenter v. CarpenterSupreme Court of Kansas · 1883
  3. Mohler v. Estate of ShankSupreme Court of Iowa · 1895
  4. Arthur v. IsraelSupreme Court of Colorado · 1890
  5. Whitcomb v. WhitcombSupreme Court of Iowa · 1877

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3Cited by14 opinions

  1. Herron v. PassailaigueSupreme Court of Florida · 1926
  2. Moss v. FitchSupreme Court of Missouri · 1908
  3. Hooker v. HookerSupreme Court of Connecticut · 1943
  4. Allen v. AllenNew Mexico Supreme Court · 1948
  5. Ecton v. TomlinsonSupreme Court of Missouri · 1919

9 more not listed; retrieve them via the Exa API.

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