Rixke v. Western Union Telegraph Co.
Missouri Court of Appeals
Error to Ray Circuit Court.— Hon. J. W. Alexander r Judge. (1) The return of the sheriff is in words and figure's as follows and is sufficient: “Executed the within writ in the county of Ray- and state of Missouri, on the twenty-fourth day of December, 1901, by delivering to M. Y. Geary, agent of the Western Union Telegraph Company, at his office in the Santa Fe depot, in Richmond, a certified copy of the within petition and summons.”
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Error to Ray Circuit Court.— Hon. J. W. Alexander r Judge. (1) The return of the sheriff is in words and figure's as follows and is sufficient: “Executed the within writ in the county of Ray- and state of Missouri, on the twenty-fourth day of December, 1901, by delivering to M. Y. Geary, agent of the Western Union Telegraph Company, at his office in the Santa Fe depot, in Richmond, a certified copy of the within petition and summons.” The statute provides:. “When any such summons shall be issued against any incorporated company, service on the president or other chief officer of such company,…
1Opinion of the CourtSmith, P. J.
This is an action against defendant — a telegraph corporation organized under the provisions of article 6, chapter 12, Revised Statutes — based upon section 1255.
The judgment was by default and the defendant has brought the record in the cause before us by writ ,of error. It assails the judgment on two distinct grounds, the first of which is that there was no service of summons on it in the manner required by the statute .and that for that reason the judgment is coram non judice; and the second is that the petition fails to state facts sufficient to constitute a cause of action. The •defects…
2Cases cited6 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Hoen v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Dunn v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Usher v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
- Nicholas v. KelleyMissouri Court of Appeals · 1911
- State ex rel. Danforth v. European Health Spa, Inc.Missouri Court of Appeals · 1980
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
10 more not listed; retrieve them via the Exa API.