Greenway v. James
Supreme Court of Missouri
Error to Cole Circuit Court. I. Under the pleadings to entitle the plaintiff to a verdict, he must show that the property was in bis possession, and tliat rightfully, as against the defendant James. (2 Greenl. Ev. 504, 513; 1st Cliit. PL, 9tli Am. ed., 472; Steph. Plead. 179; 1 Watts, 180; 9 Mo. 256 ; 3 Duer. 684; 6 How., Pa., 307.) II. There were no exceptions taken to the setting aside of the judgment by default.
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Error to Cole Circuit Court. I. Under the pleadings to entitle the plaintiff to a verdict, he must show that the property was in bis possession, and tliat rightfully, as against the defendant James. (2 Greenl. Ev. 504, 513; 1st Cliit. PL, 9tli Am. ed., 472; Steph. Plead. 179; 1 Watts, 180; 9 Mo. 256 ; 3 Duer. 684; 6 How., Pa., 307.) II. There were no exceptions taken to the setting aside of the judgment by default. I. The court erred in setting aside the first final judgment in this cause, rendered at the February term, 1863. The kind of judgment contemplated by section 13, 2 Rev. Code, 1855,…
1Opinion of the CourtDryden, Judge
This was an action in the nature of trespass for taking and carrying away the plaintiff’s goods; the defendant not appearing, an interlocutory judgment was taken against him at the return term of the writ, and at the succeeding term an inquiry of damages was had and the judgment was made final; but afterwards, during the term, on the appearance and motion of the defendant, the judgment was set aside and the defendant was permitted to answer the petition. A trial was thereupon had, resulting in a verdict and judgment for the plaintiff, and defendant has brought the case here by writ of error.
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2Cited by48 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Ess v. GriffithSupreme Court of Missouri · 1897
- Sprague v. RooneySupreme Court of Missouri · 1891
- Newham v. KentonSupreme Court of Missouri · 1883
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