Clark v. Evans
Supreme Court of Missouri
Appeal from Pettis County Circuit Court. To authorize judgment at the return term in such case, it is necessary that each defendant be personally served toy delivering to him a copy of the writ and account, at least, if not indeed, of petition, writ and account. (Wagn. Stat. 1053, § 10.) One of the firm was served in time with a copy of the account, the other two were duly served with summons, and all made default.
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Appeal from Pettis County Circuit Court. To authorize judgment at the return term in such case, it is necessary that each defendant be personally served toy delivering to him a copy of the writ and account, at least, if not indeed, of petition, writ and account. (Wagn. Stat. 1053, § 10.) One of the firm was served in time with a copy of the account, the other two were duly served with summons, and all made default. They are really one person in the transaction of business, a unit, and in fact but one defendant; and hence the service was sufficient under a proper construction of the statute.…
1Opinion of the CourtSherwood, Judge
Action, bn open account: the summons returnable to the January term, 1875. The amended return was: “Served the within summons by delivering a copy thereof, together with a *259copy of the annexed petition and account, to H. B. Fletcher, he being first served, and also by leaving a copy for Walker Gf. Evans, with a white member of his family over the age of fifteen years, at his usual place of abode, all in Pettis county, Missouri, on the 19th December, 1874. Byrd Evans served by leaving a copy of the summons with a white person, a member of the family, at his usual place of abode in Pettis…
2Cases cited3 opinions
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- Huff v. ShepardSupreme Court of Missouri · 1874
- Dougherty v. President & Faculty of St. Vincent's CollegeSupreme Court of Missouri · 1873
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