Dixon v. Hannibal & St. Joseph R.R. Co.
| Decision Date | 31 January 1861 |
| Parties | DIXON, Respondent, v. HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant. |
| Court | Missouri Supreme Court |
1. Under the statute, (R. C. 1855, p. 376, § 2,) process may be served on a railroad company in any county where there is any office or place of business of the company, although the president or chief officer may not be found in the county or reside therein.
Appeal from Buchanan Common Pleas.
Hall, for appellants.
The service of process in this case is not in accordance with the law. (R. C. 1855, p. 376, § 2, 4.)
Vories & Vories, for respondent.
I. The only question presented for the consideration of this court is, whether the answer filed by the defendants in this case presented any defence in the nature of a plea to the jurisdiction of the court below, or, in other words, whether a corporation can be sued and served with process in any county except where the principal officer of the company is situate, or an office where it usually transacted its usual business. It is contended by the respondent that the service in this case is proper, and that the court had jurisdiction. The statute provides that service may be made on the president or other chief officer of a corporation, or, in his absence, by leaving a copy at any business office of the company with a person having charge thereof, shall be deemed sufficient. The statute does not say that the service must be at an office for the transaction of the usual and ordinary business of the company. It only requires that it shall be a business office. (R. C. p. 376.)
The question in this case is as to the sufficiency of the service of the summons.
The statute directs that the summons when issued against any banking or other incorporated company, served on the president or other chief officer of such company, or in his absence by leaving a copy thereof at any business office of said company, with the person having charge thereof, shall be deemed a sufficient service; and if the corporation have no business office in the county where suit is brought, or if no person shall be found in charge thereof, and the president or chief officer can not be found in such county, a summons shall be issued, directed to the sheriff of any county in the state where the president or chief officer of such company may reside or be found, or where any place of business may be kept of such company, &c. (R. C. 1855, p. 376.)
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Julian v. Kansas City Star Co.
... ... president may not reside therein. Dixon v. Railroad, ... 31 Mo. 409; Slavens v. Railroad, 51 Mo. 308; ... Stilwell at Hannibal, Missouri, announces the rule thus: ... "It is claimed that the court ... ...
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Welton v. Pacific R.R. Co.
...(Blaisdell v. St. Bt. William Pope, 157 Mo.; 2 R. C. 1855, p. 1255, § 17.) The return as amended is correct. (1 R. C. 1855, p. 376, § 2; 31 Mo. 409.) V. The court did right in refusing to set aside the judgment by default upon the motion and affidavit of the “President of the defendant.” It......
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Merchants Transfer & Warehouse Co. v. Ragan
...must show diligence in serving those first required to be served. Hoen v. Atlantic & Pacific Railroad Co., 64 Mo. 561; Dixon v. Hannibal & St. Joe R. R. Co., 31 Mo. 409; Cunningham Commission Co. v. Rorer Mill & Elevator Co., 25 Okl. 133, 105 P. 676; Empire Refineries v. Atchison T. & S. F.......
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Harding v. Chicago & Alton R.R. Co.
...at his office in Jackson county, and was sufficient. 1 Wag. Stat., p. 294, §§ 26, 28; Slavens v. Railroad Co., 51 Mo. 308; Dixon v. Railroad Co., 31 Mo. 409; St. Louis v. Wiggins Ferry Co., 40 Mo. 580; Laws 1873, p. 58; R. S. 1879, § 2521. The garnishee, although chartered in Illinois, havi......