Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 236

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 236

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... 4160; State ex rel. v. Allison, 155 M0. 330; Springer v. McSpadden, 49 M0. 299; Nat. Acc. Soc. v. Spiro, 37 C. C. A. 388; Hope v. Sawyer, 14 Ill. 254; Mechem, Pub. Ofl.," sec. 584; Devlin, Deeds, sec. 473; 9 Am. & Eng. Ency. Law, 369. The decisions in construction of the U. S. Stat., sec. 905, as to whether the term "clerk" includes the deputy, are not uniform. A number of decisions hold directly the reverse of those decisions cited in the Murdock case. Young v. Thayer, 1 G. Green 196; Greason v. Davis, 9 Iowa 219; Steinke v. Graves, 16 Utah 293. Ve refer the court to 'the following decisions of our own State, Carr v. Priest v. Capitain. Jackson, 28 Mo. 31-l; Etz v. Wheeler, 23 Mo. App. 449; Martin v. Gray, 142 U. S. 236. (2) The alleged defect in the return was cured by amendment. 18 Ency. Pl. & Pr. 590, 959, 961, 962, 963; R. S. 1899, secs. 660, 670; Scruggs v. Scruggs, 46 M0. 271; Phillips v. Evans, 64 M0. 171; Vebster v. Blount, 39 M0. 500; Magrew v. Foster, 54 M0. 258; Bank v. Grewe, 84 M0. 478; Smoot v. Judd, 184 M0. 540; Judd v. Smoot, 93 Mo. App. 289. (3) The decree finds specifically that service was made in the State of California by an officer authorized by the law of that State to make such service; and such finding is conclusive..(4) The Statute of Jeofails provides that no judgment shall be reversed or afiected for any imperfect or insufficient return. GRAVES, P. J.--In 1892, John G. Priest, trustee, for Sophia Capitain, Manette Capitain, and Frank J. Capitain filed a bill in equity in the St. Louis Circuit Court against Sophia M. Capitain, Ringrose J. Capitain, Isabella Capitain, Chouteau Capitain, Ringrose J. Vatson and Catherine A. Watson, his wife. The petition uses both the names Sophia...
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Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 1236931874
  • 9781236931870