Sexton v. Bernheimer

The defendant moves to vacate an order heretofore made herein for the service of summons by publication and to vacate the alleged service of the summons and complaint made upon the defendant in the state of Missouri by a deputy United States marshal. The first ground upon which the motion to vacate is sought' to be supported is the claim that the complaint does not state facts sufficient to constitute a cause of action. Measured by the elastic and liberal rule, which should be applied to the sufficiency of the complaint on a motion of this kind, I do not think the complaint should be held to…