Creason v. Yardley
Citation | 272 Mo. 279,198 S.W. 830 |
Decision Date | 17 November 1917 |
Docket Number | No. 18499.,18499. |
Parties | CREASON v. YARDLEY et al. |
Court | United States State Supreme Court of Missouri |
Appeal from Circuit Court, Sullivan County.
Action by Robert A. Creason against Dazarene Yardley and others. Judgment for plaintiff, and the named defendant appeals. Affirmed.
On February 2, 1914, plaintiff filed, in the circuit court of Sullivan county, Mo., his petition against the above-named defendants, to quiet title to the northwest quarter of the southwest quarter of section 36, township 61, range 21, located in Sullivan county aforesaid. Said petition avers:
Said petition was verified by the affidavit of plaintiff, which contained the following:
"And affiant further states that the defendants are nonresidents of the state of Missouri."
On February 2, 1914, the clerk of the circuit court aforesaid entered of record the following:
A duly certified copy of this order was published in the Milan Standard on the 5th, 12th, 19th, and 26th days of February, 1914, and proof of publication duly filed.
On May 5, 1914, being the first day of the May term, 1914, of said court, the defendant Dazarene Yardley filed her motion to quash the order of publication and the service thereof. Said motion, without formal parts, reads as follows:
This motion was overruled on May 7, 1914.
Afterwards, during said May term, and on May 14, 1914, the court entered its judgment, as follows:
On May 15, 1914, defendant Dazarene Yardley filed herein the following motion:
On May 16, 1914, this last motion was overruled, and on the same day said defendant Dazarene Yardley filed a motion in arrest of judgment, which said motion reads as follows:
This motion was likewise overruled, and the cause duly appealed to this court by defendant Dazarene Yardley.
D. M. Wilson, of Milan, for appellant. E. B. Fields, of Browning, for respondent.
RAILEY, C. (after stating the facts as above).
Dazarene Yardley is the sole appellant in this court, and has assigned several alleged errors of the trial court as grounds for reversal.
I. It is claimed that the circuit court committed error in overruling appellant's motion to quash the order of publication issued in this cause and the service thereof. The order of publication is heretofore set out, and speaks for itself. It does not purport to run in the name of the state of Missouri.
Section 38 of article 6 of our Constitution provides that:
"All writs and process shall run * * * in the name of the `state of Missouri.'"
Section 24 of article 4 of the Constitution reads as follows:
"The style of the laws of this state shall be: `Be it enacted by the General Assembly of the state of Missouri, as follows.'"
It is not provided in section 38, supra, or elsewhere in the Constitution, that if the order of publication, in a case of this character conveys the same information which it would impart if running in the name of the ...
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Spitcaufsky v. Hatten
... ... Creason v. Yardley, 272 Mo. 279, 198 S.W. 830. (10) The provisions of the act and particularly Sections 22 and 27 thereof, for acquiring jurisdiction over ... ...
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Spitcaufsky v. Hatten
... ... parties does not prevent the court from acquiring ... jurisdiction nor is Section 38, Article VI, of the ... Constitution violated. Creason v. Yardley, 272 Mo ... 279, 198 S.W. 830. (10) The provisions of the act and ... particularly Sections 22 and 27 thereof, for acquiring ... ...
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Messick v. Grainger
... ... Wells v. Hough, 193 Mo. Sup. 16, s.c ... 91 S.W. 905; Hancock v. Spencer, 166 Mo. Sup. l.c ... 285; Spitcaufsky v. Hatten, 182 S.W. 86; Creason ... v. Yardley, 198 S.W. 830; State v. Cave, 199 ... S.W. 1014; State ex rel. Brown v. Stewart, 281 S.W ... 768; State v. Becker, 9 S.W.2d 155; ... ...