Weidman v. Byrne
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Grant Emerson, Judge. A corporation chartered by a foreign State is a foreign corporation and is liable to attachment as a nonresident debtor, even though it may have an officer and doing business in the State in which the attachment is issued.
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Appeal from the Jasper Circuit Court. — Hon. Grant Emerson, Judge. A corporation chartered by a foreign State is a foreign corporation and is liable to attachment as a nonresident debtor, even though it may have an officer and doing business in the State in which the attachment is issued. City of St. Louis v. Wiggins, 40 Mo. 580; 1st Shinn Attachment, section 105; 6 Corpus Juris 51. In the case at bar the defendant cannot collaterally attack the judgment or raise the issue as to whether the grounds of attachment should be sustained for the reason that no plea in abatement was filed so that…
1Opinion
On Motion For Rehearing.'
2Per curiam
Our attention is specifically directed to the return in Advalorum Mining Co. v. Miller, 274 Mo. 696, 204 S. W. 387, and appellant urges that our holding as to the return in the instant case is in conflict with that case. We have examined that case, and we do not agree with appellant’s contention. In the instant case the constable in his return as pointed out in the opinion did not even attempt to make his return in accordance with section 7423, Revised- Statutes 1909, and shows by the return that no attempt at 'service was made in accordance with said section. This…
3Cases cited1 opinion
- Ad Valorem Mining Co. v. MillerSupreme Court of Missouri · 1918