Burnes v. Burnes
Missouri Court of Appeals
Appeal from the Platte Circuit Court.—Hon. Vm. S. Herndon, Judge. (1) The court never obtained jurisdiction of the cause, for the reason that the petition is not accompanied by an affidavit, as provided by section 4501, Revised Statutes, 1889. It states no venue, and is, therefore, a nullity.
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Appeal from the Platte Circuit Court.—Hon. Vm. S. Herndon, Judge. (1) The court never obtained jurisdiction of the cause, for the reason that the petition is not accompanied by an affidavit, as provided by section 4501, Revised Statutes, 1889. It states no venue, and is, therefore, a nullity. Savil v. Payne, 4 N. Y. Sup. 897; Cook v. Staats, 18 Barb. 407; Lane v. Morse, 6 How. 394; Thompson v. Burkhouse, 61 N. Y. 460; Burns v. Boyle, 28 Wis. 460; Fletcher v. Keyte, 66 Mo. 285; R. S. 1889, sec. 2065. (2) The alleged service by publication did not confer jurisdiction over the person of…
1Opinion of the CourtSmith, P. J.
—This is an action for divorce. The plaintiff filed his petition in the circuit court of Platte county and at the time of filing the same also filed an affidavit, stating the defendant was a nonresident of the state, and thereupon the clerk of said court made the usual statutable order in such case, notifying defendant of the commencement of the action. There was publication of the order in a newspaper published in the county in which the suit was commenced. The defendant did not, in pursuance of the order so published, appear at the next term of court and file an answer, or other pleading;…
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