Centerre Bank v. Bay

KAROHL, Presiding Judge.

Defendants, Miles and Hope Bay, d/b/a, Bay’s Texaco Service and Supply, Inc., appeal trial court order denying defendants’ motion to set aside default judgment for irregularity under Rule 74.32. Defendants claim the award of damages in the judgment for the plaintiff, Centerre Bank, was unsupported by any evidence and that this constitutes a Rule 74.32 irregularity.

The relevant facts are as follows. On July 28, 1982, Centerre Bank filed a petition in two counts against Miles E. Bay and Hope M. Bay, individually and as parties doing business as Bay Oil Company, Bay’s…