Nest v. Haines
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The justice had no jurisdiction of the subject-matter for the reason that no affidavit was filed. Norman v. Horn, 36 Mo. App. 419; Hargadine v. Yan Horn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 676; Bank v. Carton, 40 Mo. App. 113. (2) The justice had no jurisdiction of the person of appellant for the reason that no process was served as provided by law.
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Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) The justice had no jurisdiction of the subject-matter for the reason that no affidavit was filed. Norman v. Horn, 36 Mo. App. 419; Hargadine v. Yan Horn, 72 Mo. 370; Burnett v. McCluey, 78 Mo. 676; Bank v. Carton, 40 Mo. App. 113. (2) The justice had no jurisdiction of the person of appellant for the reason that no process was served as provided by law. R. S. 1909, sec. 7641, 7646, 7647. (3) Process can only be served on corporation by delivering a copy. Reading process to an official is no service on corporation. R. S. 1909,…
1Opinion of the CourtEllison, P. J.
Defendant -is a constable for Salt Spring township, Randolph county, and plaintiff’s action against him is for an alleged conversion of plaintiff’s property. The judgment in the trial court was for the defendant,
A. F. Gill, Esq., was the magistrate for the township and, as such, issued a writ of attachment in an action of Rothwell v. The Order of Owls, Huntsville Nest.' The attachment writ was regular on its face, and *435was levied by defendant. Judgment was thereafter rendered against plaintiff for $100. The justice then issued an execution on this judgment, which was delivered to defendant and…
2Cases cited12 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Howard v. ClarkSupreme Court of Missouri · 1869
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- Melcher v. ScruggsSupreme Court of Missouri · 1880
- Milburn v. GilmanSupreme Court of Missouri · 1847
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3Cited by4 opinions
- Aetna Insurance v. BlumenthalSupreme Court of Connecticut · 1943
- State Ex Rel. Athletic Tea Co. v. CameronMissouri Court of Appeals · 1925
- Adams v. StocktonMissouri Court of Appeals · 1941
- Gregory Bus Line, Inc. v. StephensMissouri Court of Appeals · 1929