"Plaintiff states that it is a corporation duly organized and existing under and by virtue of the laws of the state of Missouri, and that the defendant Alex Martin is the duly elected, qualified, and acting constable of Wayne township, Bollinger county, Missouri. Plaintiff for its cause of action states that on or about the ____ day of April, 1904, it is informed and so states the facts to be that the above-named defendant, B. H. Bollinger, instituted some kind of legal proceedings against this plaintiff before one M. E. Helton, a justice of the peace within and for said Wayne township, Bollinger county, Missouri, the object and general nature of which said suit was to recover damages from this plaintiff for certain alleged injuries theretofore said to have been received by said Bollinger; that afterwards, to wit, on the seventh day of May, A. D. 1904, a summons was issued by the said justice of the peace commanding the said constable of Wayne township to summons the H. D. Williams Cooperage Company to appear before him on the thirtieth day of May, 1904, to answer the claim of the said Bollinger; plaintiff further states that said summons was placed in the hands of the above defendant, Alex Martin, constable as aforesaid, to be served upon the plaintiff in this case, being the defendant in that case, but plaintiff alleges that the said constable did not serve the said summons upon this plaintiff, as the law directs—that is to say, said summons was not served on the president or other chief officer of the plaintiff, nor was it left at any business office of the plaintiff in said township, or in any other township in said county, with any person having charge thereof at the time; but, on the contrary, the plaintiff alleges the fact to be that said Alex Martin, constable as aforesaid, delivered a copy of said summons to one John A. Harrold, a day laborer, in the employ of the plaintiff as a day laborer, and who was not then and there an officer of the plaintiff company, and who did not then and there have charge of any business office of the plaintiff. Plaintiff further states that afterward, and before the thirtieth day of May, 1904, the day set for the trial of the pretended cause of action, said constable made the following return upon said summons issued as aforesaid, to wit: `I hereby certify that I served the within writ in the county of Bollinger on the twentieth day of May, 1904, by delivering a copy of the within writ on John Harrold, foreman of their stave factory in Wayne township, Bollinger county, Missouri, and I, C. A. Cobin, deputy constable for Wayne township, county and state aforesaid, hereby certify that I served the within summons by delivering a copy of the within writ to John Harrold, an agent of said defendant, H. D. Williams Cooperage Company, at their usual business office of said defendant, the said John Harrold being then and there in charge of said office, the president or chief officer being absent from the county of Bollinger and could not be found in said county.'
"Plaintiff further states that afterwards, to wit, on the thirtieth day of May, A. D. 1904, said pretended cause of action came on to be heard before the said M. E. Helton, who thereupon rendered judgment for the plaintiff B. H. Bollinger in that case and a codefendant herein for the sum of one hundred and fifty dollars, together with the costs and against this plaintiff, which said judgment is in words and figures as follows, to wit: `Summons returned this twenty-first day of May, 1904, the case being called at 10 o'clock and the parties not appearing, case continued until 1 o'clock p. m. And now to wit, on this thirtieth day of May, comes plaintiff and asks to amend his statement, heretofore filed, by inserting and interlining, which he is by the court permitted to do. Now comes plaintiff, and defendant being called comes not but makes default herein, whereupon plaintiff
introduced evidence to sustain the allegations on his part, it is ordered by the justice that judgment be rendered in favor of plaintiff for the amount above named.'
"Plaintiff further states that said judgment was rendered by said justice...
