Himmelberger-Harrison Lumber Co. v. McCabe
Supreme Court of Missouri
Appeal from Stoddard Circuit Court.— Hon. J. L.Fort, Judge. (1) The trial court committed reversible error in holding that the circuit court of Stoddard' county was deprived' of jurisdiction and power to make the order of publication, because the sheriff of Gentry county dated his return of non est on the 25th day of July, 1890, instead of the first day of September term, 1890, of the circuit court of Stoddard county, to which it was returnable.
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Appeal from Stoddard Circuit Court.— Hon. J. L.Fort, Judge. (1) The trial court committed reversible error in holding that the circuit court of Stoddard' county was deprived' of jurisdiction and power to make the order of publication, because the sheriff of Gentry county dated his return of non est on the 25th day of July, 1890, instead of the first day of September term, 1890, of the circuit court of Stoddard county, to which it was returnable. "We insist that the sufficiency of the sheriff’s return, and when it was in fact made, and when the summons was in fact returned' into the circuit…
1Opinion of the CourtFox, J.
This suit was instituted in Stoddard county, Missouri, on the 13th day of January, 1905. It is brought upon the provisions of section 650, Eevised Statutes 1899.
It was sought by this proceeding on the part of the plaintiff to ascertain and determine the title to four hundred acres of land, described in the petition as the south half of the southwest quarter and the east half of section 12, township 26, range 12 east, situate in the county of Stoddard and State of Missouri. The suit was originally brought against defendant Squire L. McCabe, but on the 15th day of January, 1906, John M. Sallee…
2Cases cited18 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Pharis v. JonesSupreme Court of Missouri · 1894
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Cummings v. BrownSupreme Court of Missouri · 1904
- Dillon v. RashSupreme Court of Missouri · 1858
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3Cited by9 opinions
- Hamburg Realty Company v. WoodsSupreme Court of Missouri · 1959
- Williams v. SandsSupreme Court of Missouri · 1913
- State Ex Rel. Brown v. StewartSupreme Court of Missouri · 1926
- Wilton Boat Club v. HazellSupreme Court of Missouri · 1973
- Delta Realty Co. v. HunterSupreme Court of Missouri · 1941
4 more not listed; retrieve them via the Exa API.