Venuci v. Cademartori
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The statutory exception, (Wagn. Stat., 919, § 16) applies, because during the defendant’s sojourn in Italy plaintiffs could not have had service and judgment against him here, that could be asserted in a foreign jurisdiction. (Johnson vs. Smith, 43 Mo., 499, 501.) Our statute, (Wagn.
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Error to St. Louis Circuit Court. I. The statutory exception, (Wagn. Stat., 919, § 16) applies, because during the defendant’s sojourn in Italy plaintiffs could not have had service and judgment against him here, that could be asserted in a foreign jurisdiction. (Johnson vs. Smith, 43 Mo., 499, 501.) Our statute, (Wagn. Stat., 599, § 60) which makes the place where the family of a party resides in this State, the abode of such party, has no application here, because it affirmatively appears that Oademartori was living abroad all the time, and, therefore, no question of constructive residence…
1Opinion of the CourtWagner, Judge
The only question presented by the record, is, whether the statute of limitations constituted a defense. The case was tried ou an agreed statement of facts, and it shows that on the 1st of August, 1859, defendant made his promissory note for the sum of $278, payable to one of the plaintiffs one year after the date thereof; that at the time of the execution of the note defendant resided in the city of St. Louis with his family, and that in the spring of 1861, he went to Italy, leaving his wife and family at his residence in the said city, and that he remained absent till the year 1872, when he…
2Cases cited1 opinion
- Ex parte WinnardTexas Supreme Court · 1864
3Cited by10 opinions
- Shamp v. LambertMissouri Court of Appeals · 1909
- Bensley v. HaeberleMissouri Court of Appeals · 1886
- Hamill v. TalbottMissouri Court of Appeals · 1899
- Haver v. BassettMissouri Court of Appeals · 1956
- State ex rel. Kelly v. ShepherdSupreme Court of Missouri · 1909
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