Lieurance v. McComas
Missouri Court of Appeals
Appeal from the Platte Circuit Court.—Hon. W. S. Heendon, Judge. (1) Cited Revised Statutes, 1889, sections 6213, 2019, 6148. (2) If a defendant refuses to receive a summons offered him by the officer having the writ for service, the officer may return that he delivered the summons or he may return the facts specifically, and they will be held to be a delivery. Fuller v. Kenney, 32 Me. 334; Norton v. Header, 4 Sawy.
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Appeal from the Platte Circuit Court.—Hon. W. S. Heendon, Judge. (1) Cited Revised Statutes, 1889, sections 6213, 2019, 6148. (2) If a defendant refuses to receive a summons offered him by the officer having the writ for service, the officer may return that he delivered the summons or he may return the facts specifically, and they will be held to be a delivery. Fuller v. Kenney, 32 Me. 334; Norton v. Header, 4 Sawy. (U. S.) 603; Martin v. Baffin, 21 N. Y. S. 1043. (1) The action was for assault and battery by MeComas upon the person of Lieuranee, and tender is not pleadable to a claim for…
1Opinion of the CourtEllison, J.
This action was instituted before a justice of the peace, wherein plaintiff claimed $250 damages for personal injury inflicted upon him by reason of defendant’s assaulting and beating him. After the suit was instituted defendant made a written offer under the provisions, of section 6213, Revised *120Statutes, 1889, and so notified plaintiff, offering to permit judgment to be entered against; him for $6. No acceptance of this offer was made by plaintiff. The case proceeded to trial, resulting in a judgment for defendant. Plaintiff appealed to the' circuit court, where, on trial anew, he recovered…
2Cases cited1 opinion
- Joyner v. BentleyMissouri Court of Appeals · 1886
3Cited by5 opinions
- Patrick v. Ilwaco Oyster Co.Washington Supreme Court · 1937
- Atkins v. OstMissouri Court of Appeals · 1905
- Maxwell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
- Brown v. ColeMissouri Court of Appeals · 1910
- Ramsey v. RothwellMissouri Court of Appeals · 1913