506.160. 1. Service by mail or by publication shall beallowed in all cases affecting a fund, will, trust estate,specific property, or any interest therein, or any res or statuswithin the jurisdiction of the court, or in any specialproceedings in which notice by mail or by publication isauthorized, including but not limited to actions to quiet titleand actions to ascertain and determine title to real estate. Ifthe defendant so served does not appear, judgment may be renderedaffecting said property, res or status within the jurisdiction ofthe court as to said defendant, but such service shall notwarrant a general judgment against such defendant.
2. A party desiring service by mail shall allege and stateeither in his verified petition or in a separate affidavit anyone or more of the same specific grounds for substituted serviceas set forth in subsection 3, or shall state any other factsshowing why personal service cannot be had on the defendant ordefendants in this state. Such petition or affidavit shall beverified by oath of the party or of someone in his behalf, andshall state the address of the party to be served by mail. Uponthe filing of such petition or affidavit with the judge or clerk,the clerk shall serve a copy of the summons and of the petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to the defendant at the addressfurnished by plaintiff.
3. If the plaintiff or other person for plaintiff shallallege in his verified petition, or at the time of filing same,or at any time thereafter, shall file an affidavit stating thatpart or all of the defendants are nonresidents of the state, oris a corporation of another state, kingdom or country, and cannotbe personally served in this state in the manner prescribed bylaw for personal service, or have absconded or absentedthemselves from their usual place of abode in this state, or thatthey have concealed themselves so that the ordinary process oflaw cannot be personally served upon them, and the affidavit orthe verified petition shall state the present known address ofthe defendant, if known, or in lieu thereof state that saidaddress of the defendant is unknown, the court or judge or clerkthereof shall issue an order of publication of notice to suchdefendant or defendants, notifying such defendant or defendantsof the commencement of the action, and stating briefly the objectand general nature thereof, and describing the property, if any,to be affected. The notice shall also contain the name of thecourt and the names of the parties to the suit, and shall statethe name and address of the attorney for plaintiff, if any,otherwise the plaintiff's address, and shall state that unlesssaid named defendant or defendants file an answer or other pleadingor shall otherwise appear and defend against the petition withinforty-five days after the date of the first publication, to bestated in the published notice, provided, the court or judgethereof may extend the date within which any such defendantmay plead or otherwise appear to a date certain beyond suchforty-five day limit judgment by default will be renderedagainst them. Such notice shall be published at least onceeach week for four consecutive weeks in some newspaper of generalcirculation published in the county where suit is instituted, ifthere be such newspaper published there, which the plaintiffor his attorney of record may designate; if no such newspaper bepublished in such county, then in some such paper published inthis state, which the plaintiff or his attorney of record maydesignate as most likely to give notice to the defendant ordefendants to be notified. If the present known address ofthe defendant is given, the clerk shall within ten days aftersaid order of publication mail a copy of the notice to eachdefendant whose address has been stated in the affidavit orverified petition. The clerk shall file a certificatecertifying that copies of the notice have been mailed asrequired by this section, in all cases where the presentknown address has been given, and such certificates shall beconclusive and binding upon the parties.
4. When the names of one or more defendants are unknownto plaintiff, he may so state in his verified petition, or ina separate affidavit for order of publication, and the courtor judge or clerk thereof shall issue an order of publicationof notice to the unknown defendant or defendants in the samemanner prescribed in subsection 3, and the notice ofpublication shall be published in like manner. It shall besufficient to name or describe said unknown defendants asthe heirs, grantees, or successors of the person to whom theproperty to be affected was last known to have been transferred.
5. Whenever publication of notice is ordered for serviceby mail or by publication in a newspaper, the court may alsoin its discretion, order that a summons be issued and deliveredwith a copy of the petition to the sheriff or other personespecially appointed to serve the same, for personal servicein the ordinary manner if the same can be had.
6. In any of the cases mentioned in subsection 1, theplaintiff may cause a copy of the petition, with a copy of thesummons, to be delivered to each defendant residing or beingwithout this state, and at any place within the United States ortheir territories summoning said defendant to appear and pleadwithin thirty days after service upon said defendant; and ifthe defendant shall refuse to receive such copy of the petitionand summons, the offer of the officer to deliver same to him orthem, and such refusal, shall be as effectual service as thoughsuch copies were actually delivered to such defendant. Suchservice may be made by any officer authorized by law to serveprocess in civil actions within the state or territory wheresuch service is made, or by his deputy, and shall be provedby the affidavit of such officer, or deputy, stating the timeand manner of such service, made before the clerk or judgeof the court of which affiant is an officer. Such clerk orjudge shall certify to the official character of the affiant,and to his authority to serve process in civil actions withinthe state or territory where such service was made. When suchcertificate is made by a clerk or judge of a court of record,the same shall be attested by the seal of such court, andwhen the same is made by a judge of a court not of record, theofficial character of such judge shall also be certified by theproper officer of the state, under his official seal. Any returnof service, made and certified as above provided, shall be primafacie evidence of the facts stated in such return. If theplaintiff, or his attorney of record, in any of the causesmentioned in subsection 1, shall allege in his verified petition,or at the time of filing same, or at any time thereafter shallmake the affidavit required by subsection 3, and shall file insaid cause proof of service of process on any defendant ordefendants, in conformity with the provisions of this section,it shall not be necessary for such plaintiff or plaintiffs toobtain the order for service by mail or by publication providedfor in this section or to procure the publication provided inthis section.
(L. 1943 p. 353 § 28, A.L. 1945 p. 640)
(1969) In case involving sum of money held in escrow in Missouri bank, and service was made by registered mail on nonresident defendant, trial court had jurisdiction of fund and substituted service on defendant was authorized. Union Shoe Agency, Inc. v. Beacon Shoe Mfg. Corp. (Mo.), 441 S.W.2d 321.
506.160. 1. Service by mail or by publication shall beallowed in all cases affecting a fund, will, trust estate,specific property, or any interest therein, or any res or statuswithin the jurisdiction of the court, or in any specialproceedings in which notice by mail or by publication isauthorized, including but not limited to actions to quiet titleand actions to ascertain and determine title to real estate. Ifthe defendant so served does not appear, judgment may be renderedaffecting said property, res or status within the jurisdiction ofthe court as to said defendant, but such service shall notwarrant a general judgment against such defendant.
2. A party desiring service by mail shall allege and stateeither in his verified petition or in a separate affidavit anyone or more of the same specific grounds for substituted serviceas set forth in subsection 3, or shall state any other factsshowing why personal service cannot be had on the defendant ordefendants in this state. Such petition or affidavit shall beverified by oath of the party or of someone in his behalf, andshall state the address of the party to be served by mail. Uponthe filing of such petition or affidavit with the judge or clerk,the clerk shall serve a copy of the summons and of the petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to the defendant at the addressfurnished by plaintiff.
3. If the plaintiff or other person for plaintiff shallallege in his verified petition, or at the time of filing same,or at any time thereafter, shall file an affidavit stating thatpart or all of the defendants are nonresidents of the state, oris a corporation of another state, kingdom or country, and cannotbe personally served in this state in the manner prescribed bylaw for personal service, or have absconded or absentedthemselves from their usual place of abode in this state, or thatthey have concealed themselves so that the ordinary process oflaw cannot be personally served upon them, and the affidavit orthe verified petition shall state the present known address ofthe defendant, if known, or in lieu thereof state that saidaddress of the defendant is unknown, the court or judge or clerkthereof shall issue an order of publication of notice to suchdefendant or defendants, notifying such defendant or defendantsof the commencement of the action, and stating briefly the objectand general nature thereof, and describing the property, if any,to be affected. The notice shall also contain the name of thecourt and the names of the parties to the suit, and shall statethe name and address of the attorney for plaintiff, if any,otherwise the plaintiff's address, and shall state that unlesssaid named defendant or defendants file an answer or other pleadingor shall otherwise appear and defend against the petition withinforty-five days after the date of the first publication, to bestated in the published notice, provided, the court or judgethereof may extend the date within which any such defendantmay plead or otherwise appear to a date certain beyond suchforty-five day limit judgment by default will be renderedagainst them. Such notice shall be published at least onceeach week for four consecutive weeks in some newspaper of generalcirculation published in the county where suit is instituted, ifthere be such newspaper published there, which the plaintiffor his attorney of record may designate; if no such newspaper bepublished in such county, then in some such paper published inthis state, which the plaintiff or his attorney of record maydesignate as most likely to give notice to the defendant ordefendants to be notified. If the present known address ofthe defendant is given, the clerk shall within ten days aftersaid order of publication mail a copy of the notice to eachdefendant whose address has been stated in the affidavit orverified petition. The clerk shall file a certificatecertifying that copies of the notice have been mailed asrequired by this section, in all cases where the presentknown address has been given, and such certificates shall beconclusive and binding upon the parties.
4. When the names of one or more defendants are unknownto plaintiff, he may so state in his verified petition, or ina separate affidavit for order of publication, and the courtor judge or clerk thereof shall issue an order of publicationof notice to the unknown defendant or defendants in the samemanner prescribed in subsection 3, and the notice ofpublication shall be published in like manner. It shall besufficient to name or describe said unknown defendants asthe heirs, grantees, or successors of the person to whom theproperty to be affected was last known to have been transferred.
5. Whenever publication of notice is ordered for serviceby mail or by publication in a newspaper, the court may alsoin its discretion, order that a summons be issued and deliveredwith a copy of the petition to the sheriff or other personespecially appointed to serve the same, for personal servicein the ordinary manner if the same can be had.
6. In any of the cases mentioned in subsection 1, theplaintiff may cause a copy of the petition, with a copy of thesummons, to be delivered to each defendant residing or beingwithout this state, and at any place within the United States ortheir territories summoning said defendant to appear and pleadwithin thirty days after service upon said defendant; and ifthe defendant shall refuse to receive such copy of the petitionand summons, the offer of the officer to deliver same to him orthem, and such refusal, shall be as effectual service as thoughsuch copies were actually delivered to such defendant. Suchservice may be made by any officer authorized by law to serveprocess in civil actions within the state or territory wheresuch service is made, or by his deputy, and shall be provedby the affidavit of such officer, or deputy, stating the timeand manner of such service, made before the clerk or judgeof the court of which affiant is an officer. Such clerk orjudge shall certify to the official character of the affiant,and to his authority to serve process in civil actions withinthe state or territory where such service was made. When suchcertificate is made by a clerk or judge of a court of record,the same shall be attested by the seal of such court, andwhen the same is made by a judge of a court not of record, theofficial character of such judge shall also be certified by theproper officer of the state, under his official seal. Any returnof service, made and certified as above provided, shall be primafacie evidence of the facts stated in such return. If theplaintiff, or his attorney of record, in any of the causesmentioned in subsection 1, shall allege in his verified petition,or at the time of filing same, or at any time thereafter shallmake the affidavit required by subsection 3, and shall file insaid cause proof of service of process on any defendant ordefendants, in conformity with the provisions of this section,it shall not be necessary for such plaintiff or plaintiffs toobtain the order for service by mail or by publication providedfor in this section or to procure the publication provided inthis section.
(L. 1943 p. 353 § 28, A.L. 1945 p. 640)
(1969) In case involving sum of money held in escrow in Missouri bank, and service was made by registered mail on nonresident defendant, trial court had jurisdiction of fund and substituted service on defendant was authorized. Union Shoe Agency, Inc. v. Beacon Shoe Mfg. Corp. (Mo.), 441 S.W.2d 321.
506.160. 1. Service by mail or by publication shall beallowed in all cases affecting a fund, will, trust estate,specific property, or any interest therein, or any res or statuswithin the jurisdiction of the court, or in any specialproceedings in which notice by mail or by publication isauthorized, including but not limited to actions to quiet titleand actions to ascertain and determine title to real estate. Ifthe defendant so served does not appear, judgment may be renderedaffecting said property, res or status within the jurisdiction ofthe court as to said defendant, but such service shall notwarrant a general judgment against such defendant.
2. A party desiring service by mail shall allege and stateeither in his verified petition or in a separate affidavit anyone or more of the same specific grounds for substituted serviceas set forth in subsection 3, or shall state any other factsshowing why personal service cannot be had on the defendant ordefendants in this state. Such petition or affidavit shall beverified by oath of the party or of someone in his behalf, andshall state the address of the party to be served by mail. Uponthe filing of such petition or affidavit with the judge or clerk,the clerk shall serve a copy of the summons and of the petitionby registered mail, requesting a return receipt signed byaddressee only, addressed to the defendant at the addressfurnished by plaintiff.
3. If the plaintiff or other person for plaintiff shallallege in his verified petition, or at the time of filing same,or at any time thereafter, shall file an affidavit stating thatpart or all of the defendants are nonresidents of the state, oris a corporation of another state, kingdom or country, and cannotbe personally served in this state in the manner prescribed bylaw for personal service, or have absconded or absentedthemselves from their usual place of abode in this state, or thatthey have concealed themselves so that the ordinary process oflaw cannot be personally served upon them, and the affidavit orthe verified petition shall state the present known address ofthe defendant, if known, or in lieu thereof state that saidaddress of the defendant is unknown, the court or judge or clerkthereof shall issue an order of publication of notice to suchdefendant or defendants, notifying such defendant or defendantsof the commencement of the action, and stating briefly the objectand general nature thereof, and describing the property, if any,to be affected. The notice shall also contain the name of thecourt and the names of the parties to the suit, and shall statethe name and address of the attorney for plaintiff, if any,otherwise the plaintiff's address, and shall state that unlesssaid named defendant or defendants file an answer or other pleadingor shall otherwise appear and defend against the petition withinforty-five days after the date of the first publication, to bestated in the published notice, provided, the court or judgethereof may extend the date within which any such defendantmay plead or otherwise appear to a date certain beyond suchforty-five day limit judgment by default will be renderedagainst them. Such notice shall be published at least onceeach week for four consecutive weeks in some newspaper of generalcirculation published in the county where suit is instituted, ifthere be such newspaper published there, which the plaintiffor his attorney of record may designate; if no such newspaper bepublished in such county, then in some such paper published inthis state, which the plaintiff or his attorney of record maydesignate as most likely to give notice to the defendant ordefendants to be notified. If the present known address ofthe defendant is given, the clerk shall within ten days aftersaid order of publication mail a copy of the notice to eachdefendant whose address has been stated in the affidavit orverified petition. The clerk shall file a certificatecertifying that copies of the notice have been mailed asrequired by this section, in all cases where the presentknown address has been given, and such certificates shall beconclusive and binding upon the parties.
4. When the names of one or more defendants are unknownto plaintiff, he may so state in his verified petition, or ina separate affidavit for order of publication, and the courtor judge or clerk thereof shall issue an order of publicationof notice to the unknown defendant or defendants in the samemanner prescribed in subsection 3, and the notice ofpublication shall be published in like manner. It shall besufficient to name or describe said unknown defendants asthe heirs, grantees, or successors of the person to whom theproperty to be affected was last known to have been transferred.
5. Whenever publication of notice is ordered for serviceby mail or by publication in a newspaper, the court may alsoin its discretion, order that a summons be issued and deliveredwith a copy of the petition to the sheriff or other personespecially appointed to serve the same, for personal servicein the ordinary manner if the same can be had.
6. In any of the cases mentioned in subsection 1, theplaintiff may cause a copy of the petition, with a copy of thesummons, to be delivered to each defendant residing or beingwithout this state, and at any place within the United States ortheir territories summoning said defendant to appear and pleadwithin thirty days after service upon said defendant; and ifthe defendant shall refuse to receive such copy of the petitionand summons, the offer of the officer to deliver same to him orthem, and such refusal, shall be as effectual service as thoughsuch copies were actually delivered to such defendant. Suchservice may be made by any officer authorized by law to serveprocess in civil actions within the state or territory wheresuch service is made, or by his deputy, and shall be provedby the affidavit of such officer, or deputy, stating the timeand manner of such service, made before the clerk or judgeof the court of which affiant is an officer. Such clerk orjudge shall certify to the official character of the affiant,and to his authority to serve process in civil actions withinthe state or territory where such service was made. When suchcertificate is made by a clerk or judge of a court of record,the same shall be attested by the seal of such court, andwhen the same is made by a judge of a court not of record, theofficial character of such judge shall also be certified by theproper officer of the state, under his official seal. Any returnof service, made and certified as above provided, shall be primafacie evidence of the facts stated in such return. If theplaintiff, or his attorney of record, in any of the causesmentioned in subsection 1, shall allege in his verified petition,or at the time of filing same, or at any time thereafter shallmake the affidavit required by subsection 3, and shall file insaid cause proof of service of process on any defendant ordefendants, in conformity with the provisions of this section,it shall not be necessary for such plaintiff or plaintiffs toobtain the order for service by mail or by publication providedfor in this section or to procure the publication provided inthis section.
(L. 1943 p. 353 § 28, A.L. 1945 p. 640)
(1969) In case involving sum of money held in escrow in Missouri bank, and service was made by registered mail on nonresident defendant, trial court had jurisdiction of fund and substituted service on defendant was authorized. Union Shoe Agency, Inc. v. Beacon Shoe Mfg. Corp. (Mo.), 441 S.W.2d 321.
