Brewer v. Dinwiddie
Supreme Court of Missouri
Error to Morgan Circuit Court. I. The leave to file the answer was tantamount to a set ting aside of the judgment by default. No objection being made as to the time of filing the answer, or the answer itself, it was not competent to the court by a mere exercise of arbitrary power to defeat its own action and the rights of the defendant.
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Error to Morgan Circuit Court. I. The leave to file the answer was tantamount to a set ting aside of the judgment by default. No objection being made as to the time of filing the answer, or the answer itself, it was not competent to the court by a mere exercise of arbitrary power to defeat its own action and the rights of the defendant. To grant a party leave to file an answer within sixty days next succeeding the term at which the grant was given, and then requiring him to show cause why the judgment by default should be set aside at the term succeeding the expiration of the sixty days — the…
1Opinion of the CourtSoott, Judge
It appears from the record in this case that there was a final judgment therein at the October term. Afterwards, at a subsequent term of the court, a motion was filed to set aside this judgment and give the defendant leave to file his answer, which motion was so far sustained as to permit the defendant to file his answer and show cause at the next term why the judgment should not be final. The answer not having been filed within the time prescribed, by an order of the court at a subsequent term the original judgment was confirmed.
Nothing is better settled than that after the term at which a…
2Cases cited2 opinions
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Hill v. City of St. LouisSupreme Court of Missouri · 1855
3Cited by8 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Downing v. StillSupreme Court of Missouri · 1869
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Smith v. BestSupreme Court of Missouri · 1868
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