Legal Opinion

Harrington v. National Life & Accident Co.

Missouri Court of Appeals

Decided June 8, 1920Published

Appeal from the Circuit Court of the City of St. Louis.— IIon. William T. Jones, Judge. (1) Plaintiff’s motion to dismiss defendant’s appeal should have been overruled. Hugh Spangler v. The Etidgeley Protective Association, 172 Mo. App. 255; Donahue v. Southwestern Surety Company, 202 Southwestern p. 272. (2;) The defendant had twenty days within which to appeal from the decision of the justice. Hugh Spangler v. The Ridgeley Protective Association, 172 Mo.

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Appeal from the Circuit Court of the City of St. Louis.— IIon. William T. Jones, Judge. (1) Plaintiff’s motion to dismiss defendant’s appeal should have been overruled. Hugh Spangler v. The Etidgeley Protective Association, 172 Mo. App. 255; Donahue v. Southwestern Surety Company, 202 Southwestern p. 272. (2;) The defendant had twenty days within which to appeal from the decision of the justice. Hugh Spangler v. The Ridgeley Protective Association, 172 Mo. App. 2:55; Donahue v. Southwestern Surety Company, 202 Southwestern, p. 272. (3) Service can only be obtained on a non-resident insurance…

1Opinion of the CourtAllen, J.

This action was begun before a justice of the peace upon a policy of insurance alleged to have been issued by the defendant. Defendant is a foreign insurance company doing business in this State; and service of summons was had upon the insurance commissioner pursuant to Section 70421, Revised Statutes 1909. Defendant defaulted, and on June 26,1916, judgment was rendered against it by the justice of the peace in the sum of $254.50. Fifteen days after the rendition of said judgment, the defendant filed its affidavit for appeal and appeal bond, and was allowed an appeal to the circuit court.…

2Cases cited2 opinions

  1. Rodgers v. National Council Junior Order United American MechanicsMissouri Court of Appeals · 1913
  2. Spangler v. Ridgeley Protective Ass'nMissouri Court of Appeals · 1913

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