Mansur v. Pacific Mutual Life Insurance
Missouri Court of Appeals
Error to the Livingston Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The order that alias summons issue as to plaintiff in error was an abandonment of any service theretofore had and inasmuch as the alias summons was not served, the judgment was rendered without service and is void. 20 Am. and Eng. Ency. of PL and Pr. 1180 and note; Finley v. Richards, 1 Blck.
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Error to the Livingston Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The order that alias summons issue as to plaintiff in error was an abandonment of any service theretofore had and inasmuch as the alias summons was not served, the judgment was rendered without service and is void. 20 Am. and Eng. Ency. of PL and Pr. 1180 and note; Finley v. Richards, 1 Blck. (Ind.) 487. (1) There was no waiver of the original service on the defendant by taking an order for alias writ, and the defendant was in no wise injured thereby, no alias writ ever issuing.
1Opinion of the CourtJohnson, J.
Defendant in error brought this suit in the circuit court of Livingston county against plaintiff in error, a non-resident life insurance company *727and caused summons to be issued returnable to the May-term, 1908, the first day of Avhich fell on May 4th. The summons was served and returned in the manner prescribed by laiv and no point is made of its sufficiency to command the appearance of the defendant (plaintiff in error here) at the May term to ansAver the petition. Defendant did not answer and on the 11th day of the term, the court, at the request of plaintiff (defendant in error here), made…
2Cases cited1 opinion
- Goodlett v. HansellSupreme Court of Alabama · 1876
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- State ex rel. Masada Seisakusho Co. v. MossMissouri Court of Appeals · 1977
- Rarden v. R. D. Baker Co.Michigan Supreme Court · 1937
- Springer v. SpringerMissouri Court of Appeals · 1985