Mound City Engraving Co. v. Mobile & Ohio Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judg (1) The service in this case was insufficient to confer jurisdiction over the garnishee. The method of service pointed out by the statute in order to give jurisdiction over a corporation as garnishee not having been strictly followed as required by the authorities: Section 3437, Statutes of 1899; Gat.es v. Tusten, 89 Mo. 20; Haley v. Railroad, 80 Mo. 114; Dunn v. Railroad, 45 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judg (1) The service in this case was insufficient to confer jurisdiction over the garnishee. The method of service pointed out by the statute in order to give jurisdiction over a corporation as garnishee not having been strictly followed as required by the authorities: Section 3437, Statutes of 1899; Gat.es v. Tusten, 89 Mo. 20; Haley v. Railroad, 80 Mo. 114; Dunn v. Railroad, 45 Mo. App. 34; Park v. Doak, 75 Mo. App. 334; Antonelle v. Vasile, 93 Mo. App. 138; Masterson v. Railroad, 20 Mo. App. 653; Mangold v. Dooley, 89 Mo.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— On the authority of the case of Wisecarver v. Mercantile Town Mut. Ins. Co., reported 137 Mo. App. 247, 117 S. W. 698, and of Thomason v. Ins. Co., 114 Mo. App. 109, the opinion of the majority of the court being after-wards affirmed by the Supreme Court in the same case, reported 216 Mo. 485, the judgment of the circuit court in the case at bar must be affirmed. All of the matters complained of in the motion to quash the return appeared on the face of the return and hence, as in the above cases determined, must be and could only be reached by a motion to quash. It…
2Cases cited6 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- State v. SalmonSupreme Court of Missouri · 1909
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Wicecarver v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1909
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1905
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3Cited by1 opinion
- Federal Truck Co. v. MayerMissouri Court of Appeals · 1925