Cruzen v. Stephens
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) - Fisher is no name, and the advertisement, order of publication and judgment ate fatally defective. Troyer v. Wood, 98 Mo. 481; Skelton v. Sackett, 91 Mo. 379. (2) Publication of notice must be for four weeks, and not four insertions. State ex rel. v. Dicker, 32 Mo.
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Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) - Fisher is no name, and the advertisement, order of publication and judgment ate fatally defective. Troyer v. Wood, 98 Mo. 481; Skelton v. Sackett, 91 Mo. 379. (2) Publication of notice must be for four weeks, and not four insertions. State ex rel. v. Dicker, 32 Mo. App. 620, and the authorities therein cited; R. S. 1889, see. 2028. (3) The court must be satisfied that the defendants are nonresidents, or that process can not be served. R. S., sec. 2020. This means judicially satisfied (by evidence), sec. 2024, R. S. 1889.…
1Opinion of the CourtBarclay, J.
— This is an action of ejectment for a. tract of land, in Daviess county. The petition is in ordinary, statutory form. R. 8.1889, sec. 4631.
The original defendant, Mr. Stephens (who was. sued alone), answered, admitting his possession as tenant of the Lyle heirs. The latter also appeared and became parties defendant on their motion, viz., Messrs. W. H. Lyle and George W. Lyle, and Mrs. Etta R. Fisher and Mr. John Fisher, her husband.
They filed a separate answer, alleging possession of' the land by their tenant, Mr. Stephens, and denying-the other allegations of the petition.
They then charged…
2Cases cited3 opinions
- Jones v. DriskillSupreme Court of Missouri · 1887
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Haywood v. RussellSupreme Court of Missouri · 1869
3Cited by27 opinions
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Core v. SmithSupreme Court of Oklahoma · 1909
- Young v. DowneySupreme Court of Missouri · 1899
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- Mosely v. ReilySupreme Court of Missouri · 1894
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