Maloney v. Hunt
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. James H.. Slover, Judge. I. Because of surprise caused by irregular action of the court. 1 Hayne’s New Trial and Appeal, secs. 28, 29, 83; 31 Ga. 639; Pope v. Dalton, 40 Gal. 638; Bondi). Pancho,^ Cal. 532; Lar go v. Goraneoera, 30 Cal. 546; 23 Cal. 337; 2 Black. 475 ; 2 Bush, 82, 83 ; 27 Cal. 496; 21 Cal. 425; 10 Allen, 416; 27 Ind. 3; 9 S. & M. 446; 8 Gratt. 714; 46 Cal. 357. II.
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Error to Jackson Circuit Court, Hon. James H.. Slover, Judge. I. Because of surprise caused by irregular action of the court. 1 Hayne’s New Trial and Appeal, secs. 28, 29, 83; 31 Ga. 639; Pope v. Dalton, 40 Gal. 638; Bondi). Pancho,^ Cal. 532; Lar go v. Goraneoera, 30 Cal. 546; 23 Cal. 337; 2 Black. 475 ; 2 Bush, 82, 83 ; 27 Cal. 496; 21 Cal. 425; 10 Allen, 416; 27 Ind. 3; 9 S. & M. 446; 8 Gratt. 714; 46 Cal. 357. II. The trial court abused its discretion in not setting aside the default on the showing made. Doan n. Halley, 27 Mo. 256 ; Blanchard r. Hunt. 18 Mo. App. 289. III. Because the…
1Opinion of the CourtPhilips, P. J.
This action was begun in a justice’s court, and tried on appeal in the circuit court. The record proper and the bill of exceptions show about the following state of facts: The case was set for trial in the circuit court for the April term, 1885, and for the twenty-third day of said month. On this day, the defendant failed to appear, and plaintiff took judgment by default. At the same term, to-wit, on the seventh day of May, 1885, this judgment by default was set *381aside, on the showing of the defendant that the default was taken by plaintiff’s attorney other than those who-now appear for…
2Cases cited2 opinions
- Chinn v. DavisMissouri Court of Appeals · 1886
- Robinson v. JarvisMissouri Court of Appeals · 1887
3Cited by4 opinions
- Collins v. Superior CourtArizona Supreme Court · 1936
- Martin v. De LogeMontana Supreme Court · 1895
- Sturdivant Bank v. WrightMissouri Court of Appeals · 1914
- State ex rel. Odell v. JohnsonSupreme Court of Missouri · 1916