Austin v. Nelson
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. Statement of the Case. Nelson sued Savage and Austin by petition in debt on a note for $400, dated 21st April, 1837, which Nelson held as the assignee of Taylor and Holmes, and service was had in time for September Term of the Common Pleas, commencing on 21st of September, 1846. On the 23rd, the 3rd day of the term, Nelson took a judgment by default against Austin on the note.
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APPEAL from St. Louis Court of Common Pleas. Statement of the Case. Nelson sued Savage and Austin by petition in debt on a note for $400, dated 21st April, 1837, which Nelson held as the assignee of Taylor and Holmes, and service was had in time for September Term of the Common Pleas, commencing on 21st of September, 1846. On the 23rd, the 3rd day of the term, Nelson took a judgment by default against Austin on the note. A motion was made to set aside the judgment by default, which was overruled, and exceptions being duly taken the defendant appealed to this Court. By the affidavits of the…
1Per curiam
This case comes within the principle decided by this court in the case in 8 Mo. R., 686; 10 ib., 892. The judgment is affirmed.
2Cited by7 opinions
- Jones v. LeechSupreme Court of Iowa · 1877
- Gehrke v. JodSupreme Court of Missouri · 1875
- Parker v. BrittonMissouri Court of Appeals · 1908
- Judah v. HoganSupreme Court of Missouri · 1878
- Wagemann v. JordanSupreme Court of Missouri · 1854
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