Nishnabotna Drainage District v. Campbell
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court under this notice acquired no jurisdiction, either of the person or subject-matter, of this case, for the reason: Eirst, the defendants are all residents of the county of Atchison, state of Missouri, and were neve*r personally served with said notice, but the only service attempted or relied upon, was service by publication in the Atchison County Journal.
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Appeal from Atchison Circuit Court. — Hon. O. A. Anthony, Judge. (1) The court under this notice acquired no jurisdiction, either of the person or subject-matter, of this case, for the reason: Eirst, the defendants are all residents of the county of Atchison, state of Missouri, and were neve*r personally served with said notice, but the only service attempted or relied upon, was service by publication in the Atchison County Journal. The service, as to resident defendants, is null and void. Acts of 1895, p. 213, secs. 6522, 6527, 2033, 2034, 2035 and 2036, R. S. 1889; George v. Middough, 62…
1Opinion of the CourtBurgess, J.
This is a condemnation proceeding by plaintiff, a duly organized board of Atchison county, the object of which is to condemn a right of way over and upon which to construct and maintain a drainage ditch through the lands of defendants, located in that county under the provisions of sections 6517 to 6560, Revised Statutes 1889, and amendments thereto by an act of the General Assembly of this State, entitled “An Act to amend article three, of chapter ninety-seven of the Revised Statutes of 1889, in regard to swamp and overflowed lands,” approved April 9, 1895. (Laws 1895, p. 212.)
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2Cases cited9 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Kansas City, Clinton & Springfield Railroad v. StorySupreme Court of Missouri · 1888
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Kellogg v. CarricoSupreme Court of Missouri · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Buschling v. AckleySupreme Court of Missouri · 1917
- Maryland Plaza Redevelopment Corp. v. GreenbergMissouri Court of Appeals · 1979
- Hagemann v. PinskaMissouri Court of Appeals · 1931
9 more not listed; retrieve them via the Exa API.