Lorie v. Abernathy
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) Personal service had and no charge of fraud, only jurisdictional questions can be raised by this motion. Bankv. Steinburg, 44 Mo. App. 401; Rudolf v. McDonald, 6 Neb. 165. (2) Misnomer is not a jurisdictional question. Peterson v. Little, 74 Iowa, 223; Railroad v. Burriss, 82 Ind. 83; Ins.
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) Personal service had and no charge of fraud, only jurisdictional questions can be raised by this motion. Bankv. Steinburg, 44 Mo. App. 401; Rudolf v. McDonald, 6 Neb. 165. (2) Misnomer is not a jurisdictional question. Peterson v. Little, 74 Iowa, 223; Railroad v. Burriss, 82 Ind. 83; Ins. Co. v. French, 18 Howard (U. 8.) 409; Bank v. Joggers, 31 Md. 38; 1 Freeman on Judgments [Ed. 1892], par. 154; Perry v. Woodson, 33 Mo. 347; Weber v. Filing, 2 Mo. App. 15; BLoffield v. Board of Education, 33 Kan. 644; Waldorp v.…
1Opinion of the CourtEllison, J.
A corporation known as the Wing Furniture Company was indebted to a large number of *251creditors in various sums. These creditors, at various times (though near together), sued out attachments and had them levied in the manner provided by statute, on the property of such corporation. But in bringing these suits and taking out these attachment writs,' and levying on the property, many of these creditors did not use the name of the corporation. Some brought their suits properly against the Wing Furniture Company; others brought theirs against the M. A. Wing Furniture Company; while others brought…
2Cases cited5 opinions
- Farnham v. HildrethNew York Supreme Court · 1860
- Crane Co. v. SpechtNebraska Supreme Court · 1894
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Peck v. SillSupreme Court of Connecticut · 1819
- Moore v. DavisMichigan Supreme Court · 1885
3Cited by1 opinion
- Thompson v. SimpsonMissouri Court of Appeals · 1910