Sedalia National Bank v. Rudert
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) The circuit court of Vernon county did not have any jurisdiction and its judgment was void in the case of the action of the First National Bank.of Nevada against these defend'ants, for the ‘reason that neither of tlie defendants lived in Vernon county and had no property in that county.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) The circuit court of Vernon county did not have any jurisdiction and its judgment was void in the case of the action of the First National Bank.of Nevada against these defend'ants, for the ‘reason that neither of tlie defendants lived in Vernon county and had no property in that county. B. S. 1899, secs. 563, 387; McGrew v. Foster, 54 M,o. 258, 261; Carter v. Arbuthnot, 62 Mo. 582; Huxley v. Hai’old, 62 Mo. 516; Monarch Rubber Co. v. Bunn, 82 Mo. App. 603. (2) A proceeding against a garnishee, Avhile in the nature of a levy on…
1Opinion of the CourtEllison, J.
This action was brought with an attachment in aid, to recover the amount of a promissory note and Stinson was summoned as garnishee. He answered and was discharged with costs and an allowance of twenty-five dollars for answering. When the case was called for trial the following agreed statement of facts was made, which explains the nature of this action and those connected with it:
“That on June 30, 1908, the First National Bank of Nevada, Missouri, filed a suit in the Vernon Circuit Court against defendant, Lillian F. Rudert, and summons was duly served on her, in Vernon county. This suit was…
2Cases cited2 opinions
- Magrew v. FosterSupreme Court of Missouri · 1873
- Carter v. ArbuthnotSupreme Court of Missouri · 1876
3Cited by2 opinions
- State ex rel. Leahy v. BarnettMissouri Court of Appeals · 1915
- Williams v. Short GarrityMissouri Court of Appeals · 1925