Meyer v. Phoenix Insurance
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. The only question in the case is: Does a justice of the peace-, living in a county where neither the plaintiff nor defendant resides, and where the defendant cannot he found, have jurisdiction to render a judgment binding on anybody? The two sections of the statute must be read together and made to harmonize one with the other, if possible.
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Transferred from St. Louis Court of Appeals. The only question in the case is: Does a justice of the peace-, living in a county where neither the plaintiff nor defendant resides, and where the defendant cannot he found, have jurisdiction to render a judgment binding on anybody? The two sections of the statute must be read together and made to harmonize one with the other, if possible. Section 3838 does not undertake to define where suits shall be brought, but directs how ■process shall issue and be served on certain corporations. The section following directs where suits shall be brought, and…
1Opinion of the Court
MARSHALL J.
This is an action for fifty dollars damages for conversion of a heifer. The plaintiff was then and is now a resident of Warren county, and *485the defendant is and was a foreign insurance company licensed to do business in this State. The suit was begun before a justice of the peace, in Montgomery county, and a summons was issued to the constable of Jefferson township in Cole county, and was served by him by delivering a copy thereof to the Superintendent of the Insurance Department of the State (whose residence and office was then in Cole county), as provided by sections 3838 and…
2Cases cited3 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Byler v. JonesSupreme Court of Missouri · 1883
- Trimble v. ElkinMissouri Court of Appeals · 1901
3Cited by25 opinions
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Mertens v. McMahonSupreme Court of Missouri · 1933
- State ex rel. Standard Fire Insurance v. GanttSupreme Court of Missouri · 1918
- Roberts v. American National Assurance Co.Court of Appeals of Kansas · 1919
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