Wells v. Wells
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The sheriff’s return upon the summons in Farmers & Mechanics Savings Bank v. Emeline M. Wells and James B. Wells does not show that a copy of the writ and petition was left at the usual place of abode of the first party summoned with a person of the family of such party, and does not show that a copy of the writ was left at the usual place of abode of the party subsequently summoned with a person of the…
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Appeal from Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The sheriff’s return upon the summons in Farmers & Mechanics Savings Bank v. Emeline M. Wells and James B. Wells does not show that a copy of the writ and petition was left at the usual place of abode of the first party summoned with a person of the family of such party, and does not show that a copy of the writ was left at the usual place of abode of the party subsequently summoned with a person of the family of such party, and such return is ’ wholly insufficient to support a default judgment. Gamasche v. Smythe, 60 Mo.…
1Opinion of the Court
RAILEY, C.
This is an action for the partition of 240 acres of land in Montgomery County, Missouri. The original petition was filed March 18, 1914. On January 2, 1915, an amended petition was filed, and upon which the cause was tried. After describing the land, the petition alleges that L. B. R. Wells, deceased, by his last will devised said real estate to his wife, Mary S. Wells, for life, with remainder to his grandchildren, Alice Dothage, W. S. Wyatt, Frank R. Wyatt, Harry D. Wyatt and Mary E. Wyatt, and his children, James B. Wells, John T. Wells, Elizabeth Wyatt, Alice McCune, and Martha…
2Cases cited15 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Adams v. CowlesSupreme Court of Missouri · 1888
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Milner v. ShipleySupreme Court of Missouri · 1887
- Crow v. MeyersieckSupreme Court of Missouri · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wise v. HerzogCourt of Appeals for the D.C. Circuit · 1940
- Mahany v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Jackson v. Southern Bell Telephone Co.Supreme Court of Missouri · 1920
- Holland v. Bogardus-Hill Drug Co.Supreme Court of Missouri · 1926
- Ruth & Clark, Inc. v. EmerySupreme Court of Iowa · 1943
7 more not listed; retrieve them via the Exa API.