Thomasson v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Eon. Jas. L. Fort, Judge. (1) The trial court did not acquire jurisdiction of the person of defendant for several reasons, the first of which is: Because the law requires the service of the original petition and summons to be made on the “president or secretary, or other chief officer in charge of the principal office of such company, by the acting sheriff ,of the county in which such company may have its principal office.”
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Appeal from Dunklin Circuit Court. — Eon. Jas. L. Fort, Judge. (1) The trial court did not acquire jurisdiction of the person of defendant for several reasons, the first of which is: Because the law requires the service of the original petition and summons to be made on the “president or secretary, or other chief officer in charge of the principal office of such company, by the acting sheriff ,of the county in which such company may have its principal office.” Neither the petition nor the return nor anything in the case shows that the service was made upon any officer in charge “of the…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of insurance against fire. Plan tiff recovered judgment therein *112and defendant appeals to this court. The bill of exceptions preserves none of the evidence. The only questions for review here are, first, the matter of exception pertaining to the ruling of the trial court on defendant’s plea in abatement, wherein it was contended that the sheriff’s return to the summons failed to show that the court had acquired jurisdiction of the person of defendant and, second, the matter arising on the record proper as to the sufficiency of the allegations of the petition. The…
Also in this document: Concurrence.
2Cases cited33 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Cargile v. WoodSupreme Court of Missouri · 1876
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3Cited by24 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Wyler v. RaticanMissouri Court of Appeals · 1910
- Nowell v. ModeMissouri Court of Appeals · 1908
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
- Wood v. General Insurance Co. of AmericaMissouri Court of Appeals · 1934
19 more not listed; retrieve them via the Exa API.