Hembree v. Campbell
Supreme Court of Missouri
ERROR to Dade Circuit Court. Appearance and pleading to the merits cured any defect in the service of the writ. (Whiting et al. vs. Budd, 5 Mo. Rep., 543; Barnet and Ivers vs. Lynch, 3 Mo. Rep., 261, 2d edit.) Want of service cured by appearance and defence.— Griffin and Kinote vs. Samuel, 6 Mo.
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ERROR to Dade Circuit Court. Appearance and pleading to the merits cured any defect in the service of the writ. (Whiting et al. vs. Budd, 5 Mo. Rep., 543; Barnet and Ivers vs. Lynch, 3 Mo. Rep., 261, 2d edit.) Want of service cured by appearance and defence.— Griffin and Kinote vs. Samuel, 6 Mo. Rep., 50. That defendant cannot take advantage of any error or defect in the process after he has appeared to it.— 1 Tidd’s Practice, 91, 434. 1. The court had no right to issue either of the subsequent writs, until there had been a return of the first writ. 2. The writ which was served upon the…
1Opinion of the CourtScott, J.
Hembree brought an action of trover against Campbell, in the Circuit Court of Dade county. Two writs, or summons, were issued by the clerk of said court, directed to the sheriff of Dade county, the last of which was returned, “nonest inventus.'” A writ was thereupon directed to the sheriff of Polk county, which was served on the defendant, and returned. At the return term, Campbell appeared, and plead not guilty ’, and afterwards, during the samé term, moved the court to *573quash the writ, because it was improperly directed, which motion was sustained, and the suit dismissed.
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2Cases cited1 opinion
- Bettis v. LoganSupreme Court of Missouri · 1827
3Cited by12 opinions
- Brown v. WoodySupreme Court of Missouri · 1877
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Schell v. LelandSupreme Court of Missouri · 1870
- Munchow v. MunchowMissouri Court of Appeals · 1902
- Speer v. BurlingameMissouri Court of Appeals · 1895
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