Jordan v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. I. The statute ("Wagn. Stat,., 294. § 26) directs that service shall be made by leaving a copy of the summons, and service by reading the summons, as was done in this case, is not sufficient. (Waddingham vs. City of St. Louis, 14 Mo., 194; Smith’s Adm’r vs. Rollins, 25 Mo., 410 ; Stewart vs. Stringer, 41 Mo., 404; Cosgrove vs. Tebo & Neosho R. R., 54 Mo., 4&9.) II.
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Appeal from Vernon Circuit Court. I. The statute ("Wagn. Stat,., 294. § 26) directs that service shall be made by leaving a copy of the summons, and service by reading the summons, as was done in this case, is not sufficient. (Waddingham vs. City of St. Louis, 14 Mo., 194; Smith’s Adm’r vs. Rollins, 25 Mo., 410 ; Stewart vs. Stringer, 41 Mo., 404; Cosgrove vs. Tebo & Neosho R. R., 54 Mo., 4&9.) II. It was not necessary that the motion to dismiss or in arrest of judgment, should have specified the particulars wherein service of summons was defective. The return of the officer is part of the…
1Opinion of the CourtHough, Judge
This was an action for damages by fire — alleged to have been caused by one of defendant’s engines — brought before a justice of the peace in Vernon county.
There was a judgment by default before the justice, from which an appeal was taken to the Circuit Court, where the judgment of the justice was affirmed, and the defendant has appealed to this court.
The defendant moved in the justice’s court to set aside the judgment by default, for the reason that the court had acquired no jurisdiction over the defendant, and afterwards moved in the Circuit Court to dismiss the plaintiff’s suit, for the…
2Cases cited1 opinion
- Morgan v. BouseSupreme Court of Missouri · 1873
3Cited by6 opinions
- Wilson v. Polk CountySupreme Court of Missouri · 1892
- Cudahy Packing Co. v. Chicago & Northwestern Railway Co.Supreme Court of Missouri · 1921
- State v. WeeksSupreme Court of Missouri · 1883
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BrousMissouri Court of Appeals · 1920
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. BrousMissouri Court of Appeals · 1920
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