Field v. Matson
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. By the common law, it is in the discretion of the Court to set aside a judgment by default, on affidavit of merit, so that a term is not lost to the plaintiff. (Tidd’s Practice, 507, 508; Graham’s Practice, 634.) As the motion was made at the same term, this case would fall within the rule.
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ERROR to St. Louis Court of Common Pleas. By the common law, it is in the discretion of the Court to set aside a judgment by default, on affidavit of merit, so that a term is not lost to the plaintiff. (Tidd’s Practice, 507, 508; Graham’s Practice, 634.) As the motion was made at the same term, this case would fall within the rule. The Supreme Court of this State seem so far to have modified the rule of the common law, as to require proof of reasonable diligence on the part of the defendant. The present case shows all the diligence that could be expected of a party: the defendants employed an…
1Opinion of the CourtTompkins, J.
This was an action of assumpsit brought to the September term of the Court of Common Pleas of St. Louis county, for the year 1843, to recover the value of a slave alleged to have been lost through the negligence of the plaintiffs in error, whilst he was hired by them. Both of the defendants were served with the writ: neither of them appeared or pleaded to the action; and, on the nineteenth day of December, during the said September term of the year 1843, a judgment by default was entered against them, and a writ of inquiry was ordered to be executed at the next term of said court.…
2Cases cited1 opinion
- Weimer v. MorrisSupreme Court of Missouri · 1841
3Cited by18 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. DreherSupreme Court of Missouri · 1897
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Jones v. LeechSupreme Court of Iowa · 1877
- Gehrke v. JodSupreme Court of Missouri · 1875
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