Youree v. Home Town Mutual Insurance
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Ro». Wm. L. Jarrott, Judge. There was no service upon the defendant insurance company, or any of the defendants. The court, therefore, erred in overruling the motion of appellants to quash and strike out the sheriff’s return, and the judgment should he reversed and the cause remanded.
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Appeal from Johnson Circuit Court. — Ro». Wm. L. Jarrott, Judge. There was no service upon the defendant insurance company, or any of the defendants. The court, therefore, erred in overruling the motion of appellants to quash and strike out the sheriff’s return, and the judgment should he reversed and the cause remanded. R. S. 1899, secs. 994, 995 and 996; Hoen v. Railroad, 64 Mo. 561; Railroad v. Hoereth; 144 Mo. 136. The statute provides the only way to obtain service of summons upon a corporation in this State, and that way must be strictly pursued. The very language of the return shows…
1Opinion of the CourtFox, J.
This suit is brought for the appointment of a receiver for the defendant, Home Insurance Company. The petition, which fully discloses the relief sought, is as follows:
“Now comes the plaintiff, Lora Youree, and states: That she is a member and creditor of the Home Town Mutual Insurance Company of Warrensburg, Missouri; that she suffered loss by fire on her policy Number 145, in said company in December, 1897; that in a suit against said company on said policy, a judgment was rendered in her favor in this court, at the February term. 1899, for the sum of one thousand fifty-four dollars; that no…
2Cases cited2 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Moore v. WhitcombSupreme Court of Missouri · 1871
3Cited by6 opinions
- Hunn v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Hentschel v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1937
- Elliott v. SullivanMissouri Court of Appeals · 1911
- Towne v. National Machinery Co.Ohio Court of Appeals · 1917
- Brookline Canning & Packing Co. v. EvansMissouri Court of Appeals · 1912
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