Hirsh v. Weisberger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— Hon. Lekoy B. Yalliant, Judge. (1) The name is a means of identity. A party who is served by a wrong name, knowing he is intended as the defendant, is bound by the judgment. Parry v. Woodson, 33 Mo. 347. (2) An order of publication intended to notify Aaron Weisberger is valid, if directed to “A.” Weisberger, that being the name by which he is usually and commonly known in the community. Steinmann v. Strimple, 29 Mo.
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Appeal from the St. Louis City Circuit Court.— Hon. Lekoy B. Yalliant, Judge. (1) The name is a means of identity. A party who is served by a wrong name, knowing he is intended as the defendant, is bound by the judgment. Parry v. Woodson, 33 Mo. 347. (2) An order of publication intended to notify Aaron Weisberger is valid, if directed to “A.” Weisberger, that being the name by which he is usually and commonly known in the community. Steinmann v. Strimple, 29 Mo. App. 478; Biting v. Gould, 96 Mo. 535; Ferguson v. Smith, 10 Kan. 396; Scott v. White, 71 111. 287; Clark v. Clark, 19 Kan. 522;…
1Opinion of the CourtThompson, J.
In this case a motion to dismiss the appeal has been made on the ground, that the order appealed from is not a final judgment. Owing to the peculiar nature of the question involved in this motion, we have preferred to reserve the consideration of it until after hearing arguments upon the main question involved in the appeal. The action is by attachment against a non-resident. There was a publication against the defendant in the name of A. Weisberger, using his initial only, and not giving his Christian name. The case proceeded, in the ordinary course, to a judgment by default and final…
2Cases cited8 opinions
- Roberts v. StateSupreme Court of Missouri · 1851
- Skelton v. SackettSupreme Court of Missouri · 1886
- Branstetter v. RivesSupreme Court of Missouri · 1864
- Latshaw v. McNeesSupreme Court of Missouri · 1872
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Gill v. MoreSupreme Court of Alabama · 1917
- Howard v. StateSupreme Court of Arkansas · 1893
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- State Ex Rel. Coonley v. HallSupreme Court of Missouri · 1922
4 more not listed; retrieve them via the Exa API.