Legal Opinion

Weil v. Greene County

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 21 opinions

Appeal from. Greene Circuit Court. — Hon. W. E. Geiger, Judge. Action commenced in the Greene county circuit court on ninety interest coupons for $40 each, on bonds issued by R. P. Matthews and Ralph Walker, judges of said Greene county court, to the Hannibal & St. Joseph Railroad Company, to aid in building a railroad through Greene county.

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Appeal from. Greene Circuit Court. — Hon. W. E. Geiger, Judge. Action commenced in the Greene county circuit court on ninety interest coupons for $40 each, on bonds issued by R. P. Matthews and Ralph Walker, judges of said Greene county court, to the Hannibal & St. Joseph Railroad Company, to aid in building a railroad through Greene county. The original petition was filed October 15th, 1875, and a writ of summons issued in the usual form and returned as follows: Executed the within writ in Greene county by delivering a copy of this writ to James D. Van Bibber, county clerk of Greene county,…

1Opinion of the Court

Sherwood, O. J.

i. practice: service of summons upon county.

We think the service in this case sufficient. The statute provides that: “ When any action shall be commenced against any county, a ... copy of the original summons shall be left with the clerk of the county court fifteen days at least before the return day thereof.” 1 Wag. Stat., § 6, p. 408. The statute elsewhere provides how a summons shall be served. 2 Wag. Stat., § 7,1007. But in the same section it is stated that the method mentioned therein shall be pursued, “ except as otherwise provided by law.” The law, as above seen, has “…

2Cases cited8 opinions

  1. Sweet v. MaupinSupreme Court of Missouri · 1877
  2. Nugent v. the SupervisorsSupreme Court of the United States · 1874
  3. Frazer v. RobertsSupreme Court of Missouri · 1862
  4. State v. MatsonSupreme Court of Missouri · 1866
  5. State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876

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3Cited by21 opinions

  1. Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
  2. Marx & Haas Jeans Clothing Co. v. WatsonSupreme Court of Missouri · 1902
  3. McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
  4. State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
  5. Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886

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