Higgins v. Beckwith
Supreme Court of Missouri
Error to Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Jurisdiction of defendant was not acquired as required by statute.
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Error to Sullivan Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) Jurisdiction of defendant was not acquired as required by statute. R. S. 1879, secs. 3485, 3562 ; R. S. 1889, sec. 2092 ; Grant v. King, 31 Mo. 312 ; Beware v. Wyatt, 50 Mo. 236; Macomber v. Jaffray, 4 G-ray (Mass.) 82. (2) Notwithstanding the recital in the final judgment, the defendant was neither brought into court under its order of summons, nor did he enter his personal appearance or take any steps in the suit to subject himself to the jurisdiction of the court. To have made a record prima facie good against defendant…
1Opinion of the CourtSherwood, J.
— Action to quiet title, the defendant being a non-resident, and the plaintiff in possession. The petition and other proceedings in the cause are as follows:
“Alfred J. Higgins, Plaintiff, vs.
“Warren Beckwith, Defendant.
“Now comes the above-named plaintiff, Alfred J. Higgins, and says that he is the owner in fee of the following described real estate lying and being in Sullivan county, Missouri, to-wit: Thirty acres off of the north *459side of the northeast quarter of the northwest quarter, and the west half of the northwest quarter of section number 1, in township number 63, of range number 22,…
2Cases cited5 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Blodgett v. SchafferSupreme Court of Missouri · 1888
- Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Auspach v. FergusonSupreme Court of Iowa · 1887
- Bohn v. DevlinSupreme Court of Missouri · 1859
3Cited by9 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
- Feurt v. CasterSupreme Court of Missouri · 1903
- Bell v. BrinkmannSupreme Court of Missouri · 1894
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