Rosenthal v. Windensohler
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James B. Kinealy, Judge. The service of ordinary process is had whenever the constable executes the writ issued by the justice of the peace by leaving a copy of the summons at the usual place of abode of the defendant, with some person of the family above the age of fifteen years. R. S. 1899, sec. 3862. Actions before a justice are not deemed to have been instituted until the process is delivered to the constable for service.
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Appeal from St. Louis City Circuit Court. — Hon. James B. Kinealy, Judge. The service of ordinary process is had whenever the constable executes the writ issued by the justice of the peace by leaving a copy of the summons at the usual place of abode of the defendant, with some person of the family above the age of fifteen years. R. S. 1899, sec. 3862. Actions before a justice are not deemed to have been instituted until the process is delivered to the constable for service. Sec. 3850, R. S. 1899; McGrath v. Railway, 128 Mo. 1; 30 S. W. 329; Hornsby v. Stevens, 65 Mo. App. 185; Hernán v.…
1Opinion of the Court
NORTONI, J.,
(after stating the facts)’. — Section 3850, Revised Statutes 1899, provides that suits before a justice of the peace may be instituted by the voluntary appearance of the parties or by process; that the process shall be by summons or attachment, and that the action is deemed commenced “if by process, upon the delivery of the writ to the constable to be served and he shall note thereon the time he received the same.” This statute is conclusive upon this question, and in view of its positive *241rule, the suit cannot be taken to have been commenced on October 15th, the date of the making…
2Cases cited19 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Hallowell v. PageSupreme Court of Missouri · 1857
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Chariton County v. MoberlySupreme Court of Missouri · 1875
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
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3Cited by3 opinions
- Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910
- Cornwall v. Star Bottling Co.Missouri Court of Appeals · 1907
- Louis Obert Brewing Co. v. KellerMissouri Court of Appeals · 1913