Van Natta v. Harroun Real Estate Co.
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) Jurisdiction of the person of a defendant can only he required by a strict compliance with the statute. Parker v. Burton, 172 Mo'. 85; Kelly v. Murdock, 184 Mo. 377. (2) Defendant Moses was proceeded against as a resident, and the order of publication was not based upon a finding of the court, but a finding of the clerk, in vacation.
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Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) Jurisdiction of the person of a defendant can only he required by a strict compliance with the statute. Parker v. Burton, 172 Mo'. 85; Kelly v. Murdock, 184 Mo. 377. (2) Defendant Moses was proceeded against as a resident, and the order of publication was not based upon a finding of the court, but a finding of the clerk, in vacation. Harness v. Cravens, 126 Mo. 233; Schell v. Leohe, 45 Mo. 289; secs. 566, 575, 577, R. S. 1899; Tooker v. Leake, 146 Mo. 419. (3) A sheriff has no right to return a summons not executed until the…
1Opinion of the CourtBurgess, J.
This suit, instituted under section 650, Eevised Statutes 1899, is for the purpose of quieting title to a tract of land described as the southeast quarter of section 15, township 27, range 11, in Douglas county, Missouri.
The petition is in the ordinary language, and was filed June 8th, 1905. Summons was issued to the sheriff of Buchanan county, Missouri, against the defendants, and was returned by said sheriff, with the following endorsement and return thereon: “Executed the within writ in the county of Buchanan and State of Missouri, on the 24th day of June, 1905, by delivering a true copy…
2Cases cited6 opinions
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Cummings v. BrownSupreme Court of Missouri · 1904
- Hedrix v. HedrixMissouri Court of Appeals · 1903
- Keaton v. JorndtSupreme Court of Missouri · 1909
- State ex rel. Fairbanks, Morse & Co. v. AyersMissouri Court of Appeals · 1906
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3Cited by4 opinions
- Want v. LeveMissouri Court of Appeals · 1978
- Davison v. FarrMissouri Court of Appeals · 1954
- Orchard v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1917
- Jones v. EdemanSupreme Court of Missouri · 1909