Ellison v. Martin
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. On a notic.e by publication, a general judgment cannot be taken against a- defendant who does not appear to the action. (Smith vs. M-cOntchen, 88’ Mo., 415 ; Latimer vs. XL P. R. R. E. L>., 43 Mo., 105; Fithian vs. Monks, 43 Mo., 502; Abbott vs; Sheppard, 44 Mo., 273.) H. The sections of the statute, which provide for alimony and maintenance, contemplate a case where the defendant is in court by personal service or appearance.
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Appeal from Adair Circuit Court. I. On a notic.e by publication, a general judgment cannot be taken against a- defendant who does not appear to the action. (Smith vs. M-cOntchen, 88’ Mo., 415 ; Latimer vs. XL P. R. R. E. L>., 43 Mo., 105; Fithian vs. Monks, 43 Mo., 502; Abbott vs; Sheppard, 44 Mo., 273.) H. The sections of the statute, which provide for alimony and maintenance, contemplate a case where the defendant is in court by personal service or appearance. (~W. S., 1008, § 13; 534, § 6; 535, § 13; 533, § 2.) III. Where a party commences a suit against a uon-resident defendant in which…
1Opinion of the CourtAdams, Judge
This was a partition case, which resulted in a judgment for the sale of the lands for the purpose of division of the proceeds among the.parties according to their respective interests therein as adjudged by the court.
The lands are situated in Adair county, and belonged to Rolla Martin, who died intestate, leaving seven heirs at law entitled to these lands, one of whom was Franklin, alias French Martin.
Parmelia Martin was the wife of French Martin, and instituted a suit for a divorce against him in the Lewis Circuit Court. In her petition for a divorce she alleged, that her husband, French…
2Cases cited1 opinion
- Crow v. MeyersieckSupreme Court of Missouri · 1885
3Cited by21 opinions
- Beckmann v. BeckmannSupreme Court of Missouri · 1949
- Hood v. HoodSupreme Court of Georgia · 1908
- Moss v. FitchSupreme Court of Missouri · 1908
- State ex rel. Sparrenberger v. District CourtMontana Supreme Court · 1923
- In Re the Marriage of BreenMissouri Court of Appeals · 1977
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