Citizens' State Bank v. Berry
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) “Process shall be served on his guardian,” after appointment of a guardian for a person non compos mentis. R. S. 1889, sec. 5544. (2) “Unless the statute authorize a substituted or constructive service, the law will intend that personal service is required. Doyle v. Railroad, 113 Mo. 285; Wilson v. Railroad, 108 Mo. 596; St. Louis v. Goebel, 32 Mo. 295; 9 Ency. of Pldg. and Prac. 937; 22 Am. and Eng.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) “Process shall be served on his guardian,” after appointment of a guardian for a person non compos mentis. R. S. 1889, sec. 5544. (2) “Unless the statute authorize a substituted or constructive service, the law will intend that personal service is required. Doyle v. Railroad, 113 Mo. 285; Wilson v. Railroad, 108 Mo. 596; St. Louis v. Goebel, 32 Mo. 295; 9 Ency. of Pldg. and Prac. 937; 22 Am. and Eng. Ency. of Law [1 Ed.], 157; Heard v. Sack, 81 Mo. 610; 11 Ency. of Pldg. and Prac. 1225; Am. Law of Guardianship (Woerner), p.…
1Opinion of the CourtEllison, J.
Nathaniel Shanklin was adjudged insane by the probate court of Grundy county. Defendant Corydon L. Berry was duly appointed his guardian. Thereafter plaintiff instituted this action against such guardian and Shanklin. A summons was duly issued and was served in Grundy county by the sheriff “by delivering a copy of the within petition, with copy of summons thereto attached, to a member of the family of Corydon L. Berry, guardian, over fifteen years of age, at his usual place of abode, and by delivering of the summons to a member of the family of Nathaniel Shanklin oven the age of fifteen years…
2Cases cited1 opinion
- City of St. Louis v. GoebelSupreme Court of Missouri · 1862
3Cited by1 opinion
- Graves ex rel. Cayce v. GravesSupreme Court of Missouri · 1914