Mattocks v. Van Asmus’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was a summons served by the sheriff, not on the defendant in person, but by delivering a copy of the writ and petition attached, at the usual place of abode of defendant with a member of his family over the age of fifteen years. Defendant contends this was- not personal service. Section 2101 does not require that the summons shall be served on the defendant in his- proper person, but he must ‘have been summoned as required by this chapter’ (Chapter 21) and one of the modes of service required by that chapter (Sec. 1760) is that we have just stated was had upon defendant. It is true this. is a substituted service for actual service pn the person (Feurt v. Caster, 174 Mo. 289 ; Rosenberger v. Gibson, 165 Mo. 16 ), yet it is personal service as distinguished from an order of publication. [Fraternal Bankers v. Wire, 150 Mo. App. 89 .] It is a service which when made by the sheriff, is undisputable and binding upon the defendant in the writ. [Smoot v. Judd, 184 Mo. 508 ; Ellis v. Nuckols, 237 Mo. 290 ; 294.] Therefore as defendant was summoned there is- no relief for him under either of Sections 2101 or 2104. [Campbell v. Garton, 45 Mo. 343 ; Ramsey v. Baker, 35 Mo. App. 217 ; Hyatt v. Wolf, 22 Mo. App. 191 ; Fraternal Bankers v. Wire, 1501 Mo. App. 89 .] ””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Fabrico v. Trimble