Downing v. Still
Supreme Court of Missouri
Appeal from Fourth District Court. I. The order of publication made by the clerk ordered the notice to .be published in the ‘‘Union Flag/ while the publisher makes affidavit that it was published in the “Weekly Flag,” not the same paper. H. Notice to the defendants of the suit was inserted in the paper one day before the petition was filed in the office of the clerk of the Circuit Court of Putnam county; consequently, the same was without authority, void, and of no effect.
Read the full summary
Appeal from Fourth District Court. I. The order of publication made by the clerk ordered the notice to .be published in the ‘‘Union Flag/ while the publisher makes affidavit that it was published in the “Weekly Flag,” not the same paper. H. Notice to the defendants of the suit was inserted in the paper one day before the petition was filed in the office of the clerk of the Circuit Court of Putnam county; consequently, the same was without authority, void, and of no effect. (R. O. 1855, p. 1224, § 13.) In cases of this kind the statute must be strictly pursued. (Drake, Adm’r, v. Hale, 38 Mo.…
1Opinion of the CourtBliss, Judge
The plaintiff, as assignee of the mortgagee, brought suit of foreclosure, January 16, 1864, in the Putnam County Circuit Court, against Thatcher and wife, upon a certain mortgage executed by them to his assignor. Defendants were non-residents, and by order of the clerk notice was published, and in September, 1864, the death of defendant Thatcher was suggested and the cause continued. At the March term, 1865, defendant Still appeared and entered his appearance upon the record, and the cause was entered as continued, but at the same term an interlocutory judgment was entered by default, and at…
2Cases cited10 opinions
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Warren ex rel. Warren v. LuskSupreme Court of Missouri · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- Cross v. GouldMissouri Court of Appeals · 1908
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1987
- Ribbons v. Union Electric Co.Supreme Court of Missouri · 1992
- Crabtree v. Aetna Life InsuranceSupreme Court of Missouri · 1937
31 more not listed; retrieve them via the Exa API.