Orear v. Clough
Supreme Court of Missouri
Appeal from Platte Circuit Court. I. The only question properly here is that of jurisdiction in the inferior court. The appearance of the defendant at the April term, A. D. 1870, and placing the .cause at the foot of the docket was an appearance which gives jurisdiction. (Rector vs. St. Louis Circuit Court, 1 Mo., 607; 3 Mo., 40; Id., 369 5 Mo., 443 ; 6 Mo., 50 ; 7 Mo., 411; 8 Mo., 257; 13 Mo., 154; 26 Mo., 180 ; 1 Comst., 227.) IT.
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Appeal from Platte Circuit Court. I. The only question properly here is that of jurisdiction in the inferior court. The appearance of the defendant at the April term, A. D. 1870, and placing the .cause at the foot of the docket was an appearance which gives jurisdiction. (Rector vs. St. Louis Circuit Court, 1 Mo., 607; 3 Mo., 40; Id., 369 5 Mo., 443 ; 6 Mo., 50 ; 7 Mo., 411; 8 Mo., 257; 13 Mo., 154; 26 Mo., 180 ; 1 Comst., 227.) IT. The service by copy in Kansas, proved by affidavit, was sufficient and complied with the law and gave the court jurisdiction and entitled plaintiff to a judgment…
1Opinion of the Court
Adams, Judge,
delivel-ed the opinion of the court.
This was a suit by attachment against the defendant as a non-resident of this State. The writ was served on the defendant in the State of Kansas under the 18th section of the 4th article of the Practice Act (2 W. S., 1009,) by delivering to the defendant in the State of Kansas a copy of the petition and writ. Several garnishees were summoned and answered denying indebtedness, and a judgment in favor of the defendant against James S. Bryant rendered in the Platte Circuit Court had been attached, and the sheriff who sold lands under this judgment…
2Cited by10 opinions
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- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
- Columbia Brewery Co. v. ForgeyMissouri Court of Appeals · 1909
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