Enos v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoGtRegor, Judge. (1) The proof of service upon the notice is conclusive, and cannot be contradicted by oral evidence. It occupies exactly the same position as a return upon a subpoena or summons.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoGtRegor, Judge. (1) The proof of service upon the notice is conclusive, and cannot be contradicted by oral evidence. It occupies exactly the same position as a return upon a subpoena or summons. R. S'. 1889, sec. 8938; R. S. 1889, sec. 2019 ; Phillips v. Evans, 62 Mo. 17 ; Putnam v. Man, 3 Wend. 202; Wheeler v. L'ampman, 14 Johns. 481; Hallowell v. Page, v24 Mo. 590 ;, 2 Salk. 601; Stewart v. Stringer, 41 Mo. 400; Delinger v. Higgins, 26 Mo. 180. The only exception to this salutary rule is where the facts constituting lawful service do not…
1Opinion of the CourtGill, J.
The defendant has appealed from the decision of the circuit court on a motion to tax all costs made in che action after June 10, 1889, for the alleged *272reason that on that day (and during the pendency of the action) defendant had offered to have judgment entered against it in the sum of ninety dollars, whereas on a trial subsequently had plaintiffs secured a judgment for sixty-five dollars , only. On a trial of the motion an issue of fact was raised and tried, as to whether or not the offer was made as the statute required. The circuit court found this issue in the negative and denied the…
2Cases cited3 opinions
- Hallowell v. PageSupreme Court of Missouri · 1857
- Davis v. HallSupreme Court of Missouri · 1886
- Towner v. RemickMissouri Court of Appeals · 1885
3Cited by1 opinion
- Maxwell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902