Longwell v. Kansas City
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) No jurisdiction was obtained over plaintiff, D. W. Longwell, the beneficiary of record in the deed of trust from T. A. Harris to S. E. Scott, trustee for D. W. Longwell. Since no personal service was made on Mr. Longwell, jurisdiction was obtained over him, if at all, solely by publication, and publication was only authorized to be made “if service can not be made on the party within the city limits.”
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) No jurisdiction was obtained over plaintiff, D. W. Longwell, the beneficiary of record in the deed of trust from T. A. Harris to S. E. Scott, trustee for D. W. Longwell. Since no personal service was made on Mr. Longwell, jurisdiction was obtained over him, if at all, solely by publication, and publication was only authorized to be made “if service can not be made on the party within the city limits.” There was no jurisdiction to make the order of publication without the charter provisions being strictly complied with.…
1Opinion of the CourtGill, J.
This is a suit to remove a cloud from the title of certain lots in Kansas City belonging to the plaintiff. The alleged cloud consists of certain special judgments rendered in a proceeding to. open a street, the lots in question having been assessed with benefits *181aggregating about $650. The judgments are assailed on the ground that there was never any notice, actual or constructive, given to plaintiff of the institution or pending of the condemnation proceedings. At the trial below the court entered judgment for defendants, dismissing plaintiff’s bill, and the cause was brought here by appeal.
T…
2Cases cited5 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Stafford v. FizerSupreme Court of Missouri · 1884
- Blevins v. SmithSupreme Court of Missouri · 1891
- Bayha v. TaylorCourt of Appeals of Kansas · 1889
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1891
3Cited by2 opinions
- Rodgers v. First National BankMissouri Court of Appeals · 1900
- International Contracting Co. v. United StatesUnited States Court of Claims · 1911