Mangold v. Dooley
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. R. P. Owen,. Judge. (1) (a) The judgment is void on the face of the record because the service of the summons does not conform to the requirements of the law and the appearance of appellant to the merits could not cure this defect.
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Appeal from Butler Circuit Court. — Hon. R. P. Owen,. Judge. (1) (a) The judgment is void on the face of the record because the service of the summons does not conform to the requirements of the law and the appearance of appellant to the merits could not cure this defect. It should have been served on the.nearest station agent'. R. S., sec. 2521; Haley v. Railroad, 80 Mo. 112; Horvel v. Porter, 62 Mo. 309. (5) The service of the writ of garnishment is void, because no authority appears in the special constable to serve the same. R. S., sec. 2862. This section does not authorize the…
1Opinion of the CourtRat, J.
This action was commenced by attachment before a justice of the peace in Butler county, Missouri, in February, 1882, against John Dooley as defendant, and in which the St. Louis, Iron Mountain & Southern Railway Company was sought to be summoned as" garnishee. On the return day of the sum*113mons, there being no service of .the summons on defendant, Dooley, the cause was continued to the-thirty-first of March to obtain service, by notices posted up according to law. This being done, on said day,, judgment by default was given against defendant and. garnishee.
In due time the garnishee, appearing…
2Cases cited6 opinions
- Norvell v. PorterSupreme Court of Missouri · 1876
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Fletcher v. WearSupreme Court of Missouri · 1884
- Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Davis v. MeredithSupreme Court of Missouri · 1871
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3Cited by6 opinions
- Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
- Godman v. GordonMissouri Court of Appeals · 1895
- Mitchell v. ShawMissouri Court of Appeals · 1893
- Newton v. StrangMissouri Court of Appeals · 1892
- Peter Hauptmann Tobacco Co. v. UnverferthMissouri Court of Appeals · 1918
1 more not listed; retrieve them via the Exa API.