Rigdon v. Ferguson
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — How. John A. Hockadcuy, Judge. The failure to file the answer was not the fault of defendants, except in so far as the negligence of the attorney was the negligence of defendants. The attorney offered to file answer as soon as it could have been filed after the time for filing had expired, and before judgment by default.
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Appeal from Callaway Circuit Court. — How. John A. Hockadcuy, Judge. The failure to file the answer was not the fault of defendants, except in so far as the negligence of the attorney was the negligence of defendants. The attorney offered to file answer as soon as it could have been filed after the time for filing had expired, and before judgment by default. The answer was a general denial, but in the affidavit accompanying the answer the defense set up was adverse possession for more than ten years. The failure to file answer in time did not indicate want of good faith. The same cause of…
1Opinion of the CourtValliant, J.
This is an action in ejectment. The suit was filed August 16th, the writ served August 29th, the return day was December 10th, 1900, on which day court convened. No answer to the petition was filed by defendants during the first three days of the term. On the fourth day defendants, by their attorney, asked leave of court to file an answer; the court refused to grant the leave. It does not appear from appellants’ abstract that any exception, was taken to that action of the court. The defendants then filed their answer and with it an affidavit setting out the reason why they had not filed it…
2Cases cited1 opinion
- Brooks v. BoswellSupreme Court of Missouri · 1864
3Cited by6 opinions
- Howard v. StrodeMissouri Court of Appeals · 1907
- Smith v. BeardWyoming Supreme Court · 1941
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- State ex rel. Geers v. LaskySupreme Court of Missouri · 1970
- Taylor v. Heart of America Hospital Assn.Missouri Court of Appeals · 1927
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