Grant v. King
Supreme Court of Missouri
Error to Einn Circuit Court. I. The statute on which this proceeding is based (R. C. 1855, p. 1241, \ 62-3) provides that the person against whom such a proceeding as this is instituted may be summoned, &c.,. and upon the return of the order of notice, duly executed, &c. The whole tenor and spirit of the act seems to require a personal service of the notice, not .a mere constructive notice by publication. II.
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Error to Einn Circuit Court. I. The statute on which this proceeding is based (R. C. 1855, p. 1241, \ 62-3) provides that the person against whom such a proceeding as this is instituted may be summoned, &c.,. and upon the return of the order of notice, duly executed, &c. The whole tenor and spirit of the act seems to require a personal service of the notice, not .a mere constructive notice by publication. II. The proceeding is against a non-resident of the state, and, under the constitution of the United States and the laws of Congress, he has an election to sue a citizen of this state,…
1Opinion of the CourtNapton, Judge
The proceeding under the sixty-second and sixty-third sections of the sixth chapter of our practice act is a novel and somewhat anomalous one, and this is, I believe, the first or second case in which this court is called upon to give it a construction. In this case the petition states that the plaintiffs are the owners in fee of a quarter section of land, (describing it,) and are lawfully in possession; that they are credibly informed and believe that the defendant makes some claim adverse to their own; that he is a non-resident of the state, and therefore an order of publication is asked,…
2Cited by4 opinions
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
- Miller v. DavisonSupreme Court of Iowa · 1871
- Phillips v. StewartMissouri Court of Appeals · 1901
- Deware v. WyattSupreme Court of Missouri · 1872