Hoffman v. Loudon
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». W. B. Teas dale, Judge., (1) The judgment should have been set aside on ■defendant’s motion, because defendant was taken by surprise by plaintiff’s attorney, and an improper verdict rendered, and finding by the court rendered in favor of the plaintiff and against the defendant’s! cause of action.
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Appeal from Jackson Circuit Court. — Ho». W. B. Teas dale, Judge., (1) The judgment should have been set aside on ■defendant’s motion, because defendant was taken by surprise by plaintiff’s attorney, and an improper verdict rendered, and finding by the court rendered in favor of the plaintiff and against the defendant’s! cause of action. R. S. 1899, sec. 800. (2) We understand, of course, that an application to set aside a default judgment is addressed to the discretion of the court, and that in order to justify the trial court in setting aside a judgment by default the defendant must show…
1Opinion of the CourtSmith, P. J.
The plaintiff’s petition, in substance, alleged that he and his wife sold defendant two lots in Leavenworth City in the State' of Kansas, which were subject to a mortgage lien to secure the payment of a promissory note for $7,500, payable to one Harvey, and that as a part of the purchase price of said lots the defendant, by the terms of the deed of conveyance to him, executed by him (plaintiff) and bis wife, assumed and agreed to pay said note and accepted said conveyance and entered into the possession of said lots. It was therein further alleged that defendant made default in the payment of…
2Cases cited17 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Byler v. JonesSupreme Court of Missouri · 1883
- Nichols v. StevensSupreme Court of Missouri · 1894
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
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3Cited by6 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- McIntosh v. FoulkeSupreme Court of Missouri · 1950
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Davis v. RobinsonMissouri Court of Appeals · 1907
- Daugherty v. Lanning-Harris Coal & Grain Co.Missouri Court of Appeals · 1924
1 more not listed; retrieve them via the Exa API.