Peters v. Linenschmidt
Supreme Court of Missouri
Appeal from Warren Circuit Court. cited Christy’s Adm’r vs. Horne, 24 Mo., 242; Perry vs. Barrett, 18 Mo., 140; Routon’s Adm’r vs. Lacy, 17 Mo., 399; Hickman vs. Hollingsworth, 17 Mo., 475; Phillips vs. Riley, 27 Mo., 386. I. Plaintiff used due diligence in the prosecution of his suit against New. No extraordinary proceeding is necessary in the prosecution of such suits; only such as in the language of the statute (2 Wagn.
Read the full summary
Appeal from Warren Circuit Court. cited Christy’s Adm’r vs. Horne, 24 Mo., 242; Perry vs. Barrett, 18 Mo., 140; Routon’s Adm’r vs. Lacy, 17 Mo., 399; Hickman vs. Hollingsworth, 17 Mo., 475; Phillips vs. Riley, 27 Mo., 386. I. Plaintiff used due diligence in the prosecution of his suit against New. No extraordinary proceeding is necessary in the prosecution of such suits; only such as in the language of the statute (2 Wagn. Stat., 1303, § 2) is “in the ordinary course of law.” (Hughes vs. Gordon, 7 Mo., 297; Perry vs. Barrett, 18 Mo., 147 ; Phillips vs. Riley, 27 Mo., 387.) The failure of the…
1Opinion of the CourtSherwood, Judge
Jacob New was the principal, and the defendant Linen-. schmidt was the surety, in a certain promissory note for the sum of $357, which they had given to the plaintiff. Upon maturity of the note, Linensehmidt, who lived in Warren *466county, served notice on the plaintiff, who resided in the same county, to bring suit on the instrument. This demand was complied with in due time, service had on defendant, and a writ sent by mail to St. Louis county, with the view to service on New, who lived in that county; but no return was made to this writ. At the return term, when the cause was called for…
2Cases cited2 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Perry v. BarretSupreme Court of Missouri · 1853
3Cited by7 opinions
- Ethics Commission v. CullisonSupreme Court of Oklahoma · 1993
- D. M. Osborne & Co. v. LawsonMissouri Court of Appeals · 1887
- O'Howell v. KirkMissouri Court of Appeals · 1890
- Martinsburg Bank v. Bunch and Boil.Missouri Court of Appeals · 1923
- Sisk v. RosenbergerSupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.