Tiller v. Abernathy
Supreme Court of Missouri
Error to Greene County Probate and Common Pleas Court. The first declaration of law asked by defendant was based on, and in conformity to, the evidence adduced, and is but an embodiment of the 53d section of the “ Act concerning evidence” (R. O. 1855, p. 732). That section provides: “ The place whore the family of any person shall permanently reside in this State, and the place where any person having no family shall generally lodge, shall be deemed the place of abode of…
Read the full summary
Error to Greene County Probate and Common Pleas Court. The first declaration of law asked by defendant was based on, and in conformity to, the evidence adduced, and is but an embodiment of the 53d section of the “ Act concerning evidence” (R. O. 1855, p. 732). That section provides: “ The place whore the family of any person shall permanently reside in this State, and the place where any person having no family shall generally lodge, shall be deemed the place of abode of such person or'persons respectively.” (Brewer v. Linnaeus, 86 Me. 428; Sto. Confl. Laws, § 46.) Can any one for a moment…
1Opinion of the CourtWagner, Judge
Plaintiff instituted suit by attachment on the 21st of May, 1864, against the defendant, alleging in his affidavit that the defendant had absconded or absented himself from his usual •place of abode in thissState, so that the ordinary process of law could not be served upon him. At the return term of the writ, the defendant filed a plea in the nature of a plea in abatement, denying the absconding or absenting himself from his usual place of abode, as set out in the affidavit. The issue was tried before the court, both parties waiving a jury. The evidence showed substantially that defendant…
2Cited by10 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Hamill v. TalbottMissouri Court of Appeals · 1899
- State ex rel. Kelly v. ShepherdSupreme Court of Missouri · 1909
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- Fidelity and Deposit Co. of Md. v. BoundyMissouri Court of Appeals · 1942
5 more not listed; retrieve them via the Exa API.