Doan v. Boley
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. It is too late to raise the objection in this court, that the original summons did not run in the name of “The State of Missouri.” Such a writ is not void, but at most only voidable and may be amended — Lawther v. Agee, 84 Mo. 872; Davis v. Wood, 7 Mo. 162; Jump v. Batton’s creditors, 35 Mo. 193. II.
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Error to Jefferson Circuit Court. I. It is too late to raise the objection in this court, that the original summons did not run in the name of “The State of Missouri.” Such a writ is not void, but at most only voidable and may be amended — Lawther v. Agee, 84 Mo. 872; Davis v. Wood, 7 Mo. 162; Jump v. Batton’s creditors, 35 Mo. 193. II. The process, if defective, is cured by the 19th section of Practice in Civil Cases, p. 1255, R. C. 1855. If objection had been made to the summons in the court below, the process could have been amended after judgment under said section.
1Opinion of the CourtWagner, Judge
Plaintiffs instituted suit in 1862, in the Jefferson county Circuit Court, against the defendants, on a promissory note. A summons in the usual form, except that it did not run in the name of the State of Missouri, was issued and served upon the defendants. There was no appearance on the part of the defendants, and judgment was duly given against them in behalf of the plaintiffs. The summons commenced, “To the sheriff, &c.,” and not “The State of Missouri to the sheriff,” as prescribed by the Constitution, and this is the only error urged for a reversal. It is insisted by the counsel for the…
2Cases cited2 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Davis v. WoodSupreme Court of Missouri · 1841
3Cited by6 opinions
- Gordon v. MunnSupreme Court of Kansas · 1912
- State v. FosterSupreme Court of Missouri · 1876
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Creason v. YardleySupreme Court of Missouri · 1917
- Bick v. WilkersonMissouri Court of Appeals · 1895
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