Topping v. J. C. Grant Mfg. Co.
Missouri Court of Appeals
Writ of error to the St. Louis City Circuit Oourt.—Hon. Horatio B. Wood, Judge. Until the year 1885, the law governing appeals from judgments by default rendered by a justice of the peace regarding the question at issue, was to the effect that before the defendant became entitled to an appeal from a judgment against him by default, it was compulsory on him to make, within ten days, an application to the justice to set said judgment aside, and the defendant was given time to…
Read the full summary
Writ of error to the St. Louis City Circuit Oourt.—Hon. Horatio B. Wood, Judge. Until the year 1885, the law governing appeals from judgments by default rendered by a justice of the peace regarding the question at issue, was to the effect that before the defendant became entitled to an appeal from a judgment against him by default, it was compulsory on him to make, within ten days, an application to the justice to set said judgment aside, and the defendant was given time to make his appeal within ten days after the refusal of the justice to set aside the default. R. S. 1879, sec. 3040: “No…
1Opinion of the CourtBiggs, J.
Topping began a suit by attachment before a justice of the peace against the J. C. Grant & Sons Manufacturing Company. Richard D’Oench was summoned *45as garnishee. On the twelfth day of April, 1898, the attachment was sustained, and on April 21, a judgment was entered by default against the defendant for the debt, amounting to $129.70, and on the same day a judgment for a like amount was entered against D’Oench as garnishee. Within ten days thereafter, to wit, on April, 30, the garnishee filed a motion before the justice asking that the judgment by default against him be set aside. On May 19…
2Cited by1 opinion
- Crotty v. BrownMissouri Court of Appeals · 1912