Bryan v. Miller
Supreme Court of Missouri
Error to Clay Circuit Court. I. The court below ought to have set aside the judgment by confession, because the statement sets out no particulars of the time, place, quantity, description or price of the supposed consideration of the note, and is a mere evasion of the statute under which it is made.
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Error to Clay Circuit Court. I. The court below ought to have set aside the judgment by confession, because the statement sets out no particulars of the time, place, quantity, description or price of the supposed consideration of the note, and is a mere evasion of the statute under which it is made. (See Chappell v. Chappell, 2 Kerr. 215 ; Gilman v. Hovey et al., — Mo. 26.) I. The statement on which the judgment was rendered against Murray does set out concisely the facts out of which the debt arose; the statement shows the note was given for goods, wares, &c., sold before that time to…
1Opinion of the CourtRichardsoN, Judge
The plaintiffs, as subsequent judgment creditors of Murray, filed their motion to set aside a judgment confessed by Murray to the defendants, on the ground that the statement was not in compliance with the statute. The statement is as follows: “ The defendant Ephraim D. Murray states that he is justly indebted to the above named plaintiffs [Miller and others] the sum of sixty-eight dollars, and 'he asks the court here to render a judgment against him therefor in favor of said plaintiffs. He states that on the 27th day of August, 1857, he executed his promissory note to the said plaintiff for…
2Cases cited2 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Gandal v. FinnNew York Supreme Court · 1856
3Cited by9 opinions
- Hard v. FosterSupreme Court of Missouri · 1889
- Southern Bank of Missouri v. McDonaldSupreme Court of Missouri · 1870
- Mechanics' Bank v. MayerSupreme Court of Missouri · 1887
- Puget Sound National Bank v. LevyWashington Supreme Court · 1895
- How v. DorscheimerSupreme Court of Missouri · 1861
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