523.030. Summons, when to issue, how served--publication. - Missouri Statutes

Summons, when to issue, how served--publication.

523.030. Upon the filing of the petition, a summons shall beissued, giving such owner at least ten days' notice of the timewhen said petition will be heard, which summons shall be servedby the sheriff of the county, in the same manner as writs ofsummons are or may be by law required to be served. If the nameor residence of the owner is unknown, or if the owners, or any ofthem, do not reside within the state, notice of the time ofhearing the petition, reciting the substance of the petition andthe day fixed for the hearing thereof, shall be given bypublication once each week for three consecutive weeks prior tothe time of hearing the petition, in a newspaper published in thecounty in which the proceedings are pending, if one is publishedin the county, or if no newspaper is published in the county, orthe publisher shall refuse to publish the same on tender of hisusual charges for advertising, then by posting up said notice forthree consecutive weeks at the door of the courthouse of thecounty wherein the lands or any portion of them lie.

(RSMo 1939 § 1505, A.L. 1957 p. 747)

Prior revisions: 1929 § 1341; 1919 § 1792; 1909 § 2361

(1954) Whether a defendant was a nonresident of the state so as to authorize service by publication is a question of fact and where verified averment of nonresidence was made, and there was no evidence that he was resident, service by publication held valid. State ex rel. Fugatt v. Hawkins, 241 A. 640, 264 S.W.2d 387.