2005 Missouri Revised Statutes - § 523.030. — Summons, when to issue, how served--publication.

523.030. Upon the filing of the petition, a summons shall be issued, giving such owner at least ten days' notice of the time when said petition will be heard, which summons shall be served by the sheriff of the county, in the same manner as writs of summons are or may be by law required to be served. If the name or residence of the owner is unknown, or if the owners, or any of them, do not reside within the state, notice of the time of hearing the petition, reciting the substance of the petition and the day fixed for the hearing thereof, shall be given by publication once each week for three consecutive weeks prior to the time of hearing the petition, in a newspaper published in the county in which the proceedings are pending, if one is published in the county, or if no newspaper is published in the county, or the publisher shall refuse to publish the same on tender of his usual charges for advertising, then by posting up said notice for three consecutive weeks at the door of the courthouse of the county 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.

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