Jackson v. Chestnut
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Row. Alonzo D. Burnes, Judge. (1) The proper procedure by defendant to obtain relief against a judgment rendered against him after the adjournment of the term at which the judgment is rendered is by resort to equity: Curtis v. Bell, 131 Mo. App. 245; Cross v. Gould, 131 Mo. App. 585; Dearborn v. Gann & Atkinson, 126 Mo.
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Appeal from Andrew Circuit Court. — Row. Alonzo D. Burnes, Judge. (1) The proper procedure by defendant to obtain relief against a judgment rendered against him after the adjournment of the term at which the judgment is rendered is by resort to equity: Curtis v. Bell, 131 Mo. App. 245; Cross v. Gould, 131 Mo. App. 585; Dearborn v. Gann & Atkinson, 126 Mo. App. 638. (2) It is the established rule and law in Missouri that a court o.f equity has power to grant relief against a judgment after the adjournment of the term at which it is rendered where the defendant in the judgment has suffered the…
1Opinion of the CourtEllison, J.
This proceeding is in equity and was instituted by plaintiff to set aside a judgment by default, made final, rendered against him in the Andrew county circuit court, for the sum of six thousand and fifty-three dollars. The judgment in the trial court was for the defendant.
It appears that plaintiff herein is a farmer, slightly acquainted with affairs of business, and that he can neither read nor write. That he and defendant each owned farms in Andrew county and each had stock and farm implements thereon. That they went into partnership in the farming business, this plaintiff being in personal…
2Cases cited6 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Taylor, Knapp & Co. v. ForeTexas Supreme Court · 1874
- Handley v. JacksonOregon Supreme Court · 1897
- Day v. WellesSupreme Court of Connecticut · 1863
- Webster v. SkipwithMississippi Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Krashin v. GrizzardSupreme Court of Missouri · 1930
- Boeckmann v. SmithMissouri Court of Appeals · 1945
- McNergney v. HarrisonSupreme Court of Kansas · 1938
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1989
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1989