Colter v. Luke
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The return shows copy of writ and petition was left with a member of his (Luke’s) family. The statute requires that it be left with a person of his family.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The return shows copy of writ and petition was left with a member of his (Luke’s) family. The statute requires that it be left with a person of his family. R. S. 1899, sec. 570. (2) Luke’s motion to set aside the default judgment duly sworn to, shows that plaintiff was never in his employ, and that Luke was not operating the mine in which plaintiff was injured and had no interest therein and had not had for about two years. These facts were not denied by plaintiff, and common justice required that the judgment should have been…
1Opinion of the CourtJohnson, J.
Plaintiff brought suit against Jamot Brown and James Luke to recover damages for personal injuries. He alleged in the petition that while employed by defendants as a shoveler in a lead and zinc mine owned by them he was injured by their negligent failure to perform their duty to employ reasonable care to provide him with a reasonably safe place in which to work. Summons, made returnable to the November, 1906, term of court was duly issued and was returned by the sheriff as follows: “Executed the within writ in the county of Jasper and State of Missouri on the 3d day of November, 1906, by…
2Cases cited5 opinions
- Burnes v. BurnesMissouri Court of Appeals · 1895
- Matthews v. CookSupreme Court of Missouri · 1864
- Billingham v. Miller & Teasdale Commission Co.Missouri Court of Appeals · 1905
- Ellington v. MooreSupreme Court of Missouri · 1853
- Dobbins v. ThompsonSupreme Court of Missouri · 1835
3Cited by20 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- LS DOUGLAS v. HoehMissouri Court of Appeals · 1980
- Zuckerman v. McCulleyDistrict Court, E.D. Missouri · 1947
- Wells v. WellsSupreme Court of Missouri · 1919
- Seley, Guardian v. HowellTexas Supreme Court · 1926
15 more not listed; retrieve them via the Exa API.