Anderson v. Anderson
Supreme Court of Missouri
Appeal from, Lincoln Circuit Court. I. The parties defendant were not in court when the judgment was rendered. Two of them were not served with process. The memorandum attached to the petition is no appearance in court. (Sess. Acts, 1847, p. 106 ; R. C. 1845, p. 804-5.) There are only two modes of commencing a suit under the practice acts of 1845 and 1849 ; first, by the voluntary appearance of the party ; second, by filing a declaration or petition and suing out a summons.
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Appeal from, Lincoln Circuit Court. I. The parties defendant were not in court when the judgment was rendered. Two of them were not served with process. The memorandum attached to the petition is no appearance in court. (Sess. Acts, 1847, p. 106 ; R. C. 1845, p. 804-5.) There are only two modes of commencing a suit under the practice acts of 1845 and 1849 ; first, by the voluntary appearance of the party ; second, by filing a declaration or petition and suing out a summons. By the act of 1847, the latter mode may be adopted, but the time of service (which, by the partition law, is four…
1Opinion of the CourtRylaxd, Judge
Susannah Anderson filed her petition in the office of the clerk of the Circuit Court of Lincoln county, on the 21st of August, 1854, against Jeremiah Anderson and others, as heirs of Ransom T. Anderson, deceased. The petitioner states that she is the lawful widow of said Ransom T. Anderson, and the defendant, Jeremiah Anderson, the father, and James Anderson, Harrison Anderson, Sarah Cochran, Julia Williams, and Mary Anderson, his brothers and sisters ; that said Ransom died intestate, without leaving any child or children living ; that the petitioner, as his widow, is entitled to one equal…
2Cases cited1 opinion
- Peers v. Carter's HeirsCourt of Appeals of Kentucky · 1823