Brandenburger v. Easley
Decision Date | 31 October 1883 |
Parties | BRANDENBURGER v. EASLEY, Appellant. |
Court | Missouri Supreme Court |
Appeal from Linn Circuit Court.--HON. G. D. BURGESS, Judge.
REVERSED.
A. W. Mullins for appellant.
E. R. Stephens for respondent.
This suit originated in a justice's court in Linn county. The writ of summons issued by the justice, is as follows: On which summons a return was made as follows: Judgment by default was rendered against defendant by the justice on June 23rd, 1880. And on July 2nd, 1880, defendant, by attorney, appeared for the purposes of the motion only and filed his motion to set aside the judgment. This was overruled by the justice and defendant appealed.
In the circuit court the defendant filed his motion to dismiss the suit, which motion is as follows: “Now at this day comes the said defendant and appearing for that purpose only, moves the court to dismiss this suit for the reasons following, to-wit: Because the summons served in this case does not state the nature of the suit or the sum demanded, as required by law.” Which motion was overruled by the court and defendant excepted. At the same term of said court and on December 10th, 1880, judgment was rendered against defendant for the sum of $81.05, by default. And on the same day defendant filed his motion to set aside the judgment by default and grant a new trial, for the reasons following: (1) Because the court improperly overruled the motion to dismiss the case made by defendant. (2) Because the judgment was rendered against the defendant without his having such notice thereof as was required by law. (3) Because said summons was not served upon the defendant by any officer authorized by law. (4) Because no summons was served on defendant. The court overruled the motion for new trial and defendant excepted.
Section 2858, R. S. 1879, provides that the summons shall command the constable to summon the defendant to appear...
To continue reading
Request your trial-
Cudahy Packing Co. v. Chicago & Northwestern Railway Co.
...in the law seems designed to reach the question left in doubt by the decisions. The Circuit Court of Linn County thought so in Brandenburger v. Easley, 78 Mo. 659, but the decision of this court was, in effect, to contrary. In Boulware v. Railroad, 79 Mo. 494, the record presented the quest......
-
Rogers & Baldwin Hardware Co. v. Cleveland Building Co.
... ... v. Fleming, 37 Mo.App. 595; McKelvey v ... Wonderley, 26 Mo.App. 631; Hill v. Ore & Steel ... Co., 90 Mo. 103; Brandenburger v. Easley, 78 ... Mo. 659; Lecoutour v. Peters, 57 Mo.App. 449; ... Bailey v. Cook, 8 Mo.App. 565. (5) The evidence ... failed to show the ... ...
-
Powell v. St. Louis, I. M. & S. Ry. Co
...early 80's the Supreme Court varied from the rule stated, though the prior decisions were not adverted to in the cases. See Brandenburger v. Easley, 78 Mo. 659; Smith v. Simpson, 80 Mo. 634, decided October term, 1883; Fare v. Gunter, 82 Mo. 522, decided October term, 1884. Shortly after th......
-
Moody v. Deutsch
...the jurisdiction of the court. Fithian v. Monk, 43 Mo. 502; Latimer v. Ry., 11 Mo. 105; Capital Bk. v. Knox, 47 Mo. 333; Brandenburger v. Easley, 78 Mo. 659; Graham v. Ringo, 67 Mo. 324. (3) There was no evidence tending to show that there was either malice or want of probable cause in issu......