Goldsworthy v. Thompson
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. G. W. Bunn, Judge. As the order of publication is intended to perform the office of the service of summons and a copy., of the petition, it ought to contain all of the requisites of these two instruments, so that, should the defendant see and read the order as published (and the law presumes that he does) he could safely conclude that it was or was not necessary for him to defend the action.
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Appeal from Clinton Circuit Court. — Hon. G. W. Bunn, Judge. As the order of publication is intended to perform the office of the service of summons and a copy., of the petition, it ought to contain all of the requisites of these two instruments, so that, should the defendant see and read the order as published (and the law presumes that he does) he could safely conclude that it was or was not necessary for him to defend the action. Janney m Spedden, 38 Mo. 395; DurosseW s Administrator v. Hale, 38 Mo. 346; Bobb v. Woodward, 42 Mo. 482q Haywood v. Bussell, 44 Mo. 252 ; State ex rel. v.…
1Opinion of the CourtHenry, C. J.
This is an action of ejectment to recover possession of lot number three, in block number thirty-two, in the town of Cameron, Clinton county. The petition is in the usual form and the answer a general denial. Defendant had judgment below and plaintiffs have brought the cause to this court on writ of error. On the twenty-third of July, 1879, the legal title to the lot was in the plain tiff, Sarah E. G-oldsworthy, and defendant claims title under a deed executed by the sheriff of said county, he having sold the same on the eighteenth of October, 1880, under an execution issued on a. judgment…
2Cited by5 opinions
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