Atwood v. Reyburn
Supreme Court of Missouri
APPEAL from the circuit court of Washington county. Points relied on by Atwood, appellant: 1. That the summons was against Atwood and Hudspeth,.to answer, ■&c., and the same was not regularly served by any authorized officer — Rev. Code, 351, sec. 14; do. 353, sec. 22; do. 354, sec. .7. 2.Ihat from the time the-summons was issued, throughout, no me ilion was made or any notice taken of Hud-speth, either before the justice or in the circuit court. 3.That the court erred in…
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APPEAL from the circuit court of Washington county. Points relied on by Atwood, appellant: 1. That the summons was against Atwood and Hudspeth,.to answer, ■&c., and the same was not regularly served by any authorized officer — Rev. Code, 351, sec. 14; do. 353, sec. 22; do. 354, sec. .7. 2.Ihat from the time the-summons was issued, throughout, no me ilion was made or any notice taken of Hud-speth, either before the justice or in the circuit court. 3.That the court erred in not making the justice correct his record according to the facts stated in the affidavit of Atwood or show cause —…
1Opinion of the CourtTompkins, Judge
Reyburn sued Atwood and Hudspeth before a justice ■of the peace, where he had judgment, and to reverse that judgment, Atwood appealed to the circuit court, for the summons was served on Atwood alone. In the circuit court, Rey burn again had judgment, and to reverse that judgment, Atwood appeals to this court. One objection taken is, that the plaintiff below proceeded against Atwood alone. By our statute all contracts, which, by the common law are joint only, shall be construed to be joint and several; but the bond sued on is joint and several. It does not appear that Hudspeth ever was before…
2Cited by4 opinions
- Samuels v. SheltonSupreme Court of Missouri · 1871
- State ex rel. Bond v. FisherSupreme Court of Missouri · 1910
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- Eyerman v. PayneMissouri Court of Appeals · 1887