Cudahy Packing Co. v. Chicago & Northwestern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. - W. O. Thomas, Judge. (1) The court acquired no jurisdiction over the defendant, and had no authority to enter judgment against it, because no copy of plaintiff’s petition was served with the writ of summons.
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Appeal from Jackson Circuit Court. — Hon. - W. O. Thomas, Judge. (1) The court acquired no jurisdiction over the defendant, and had no authority to enter judgment against it, because no copy of plaintiff’s petition was served with the writ of summons. R. S. 1909, sec. 1760; 32 Cyc. 449; Peurt v. Caster, 174 Mo. 289. (2) Defendant being a foreign corporation, as the return to the writ of summons shows, should have been served according to Section 1760, R. S. 1909. Service was not good even under Section 1766, because it does not appear that the president or other chief officer of the defendant…
1Opinion of the CourtJames T. Blair, J.
In this case the Kansas City Court of Appeals rendered a decision (Cudahy Packing Co. v. C. & N. W. Ry. Co., 207 S. W. 70) which it deemed contrary to a previous decision (Swezea v. Jenkins, 186 Mo. App. 428) of the Springfield Court of Appeals. This explains the presence of the case here. [Sec. 6, Amd. of 1884 to Art. VI. of the Constitution of Missouri.]
Plaintiff Packing Company sued in a justice’s court to recover from defendant Railway $156.75 damages for losses it alleges it suffered by reason of defendant’s failure to re-ice a car of meat. Summons issued and an attempt at service was…
2Cases cited25 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Cohn v. ClarkSupreme Court of Oklahoma · 1915
- Meyer v. Phoenix InsuranceSupreme Court of Missouri · 1904
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- Trimble v. ElkinMissouri Court of Appeals · 1901
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3Cited by5 opinions
- Demay v. Liberty Foundry Co.Supreme Court of Missouri · 1931
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Edwards v. HrebecMissouri Court of Appeals · 1967
- State v. SmithSupreme Court of Missouri · 1924
- Scheerer v. WaltnerMissouri Court of Appeals · 1931