Brassfield v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Error to Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The service of process in this case was constructive, or substituted service; ánd where service of process is attempted to be had constructively, a strict adherence to the requirements of law must be observed or the judgment, will be void. 19 Ency. of Plead, and Prac., 656; Corrigan v. Schmidt, 126 Mo. 310; Cloud v. Pierce City, 86 Mo. 365; Hajek v. Benevolent Society, 66 Mo. App. 572; Gamasche v.Smythe, 60 Mo.
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Error to Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The service of process in this case was constructive, or substituted service; ánd where service of process is attempted to be had constructively, a strict adherence to the requirements of law must be observed or the judgment, will be void. 19 Ency. of Plead, and Prac., 656; Corrigan v. Schmidt, 126 Mo. 310; Cloud v. Pierce City, 86 Mo. 365; Hajek v. Benevolent Society, 66 Mo. App. 572; Gamasche v.Smythe, 60 Mo. App. 161; Fuert v. Caster, 174 Mo. 302; Enewood v. Olsen, 39 Neb. 59, 42 Am. St. Rep. 561; Holtschneider v. Railroad, 81…
1Opinion of the CourtBroaddus, J.
This was an action for personal damages in which judgment was taken by default, and defendant sued out a writ of error from this court.
The petition designated the defendant as, “The Quincy, Omaha and Kansas City Eailroad,” omitting the word “company,” and the summons was issued to correspond with the petition. It was served on defendant’s station agent in the proper county. The return of the sheriff was that he had served it, with a copy of the petition, on Harry Moss, “he being in charge of the business office of the Quincy, Omaha & Kansas City Eailroad Company, the same being delivered to…
2Cases cited4 opinions
- Corrigan v. SchmidtSupreme Court of Missouri · 1895
- Gamasche ex rel. Estes v. SmytheMissouri Court of Appeals · 1895
- Hajek v. Bohemian-Slavonian Benevolent SocietyMissouri Court of Appeals · 1896
- Rosenberger v. GibsonSupreme Court of Missouri · 1901
3Cited by2 opinions
- State ex rel. Quincy, Omaha & Kansas City Railroad v. MyersMissouri Court of Appeals · 1907
- Slavens v. William C. Haas Co.Missouri Court of Appeals · 1978