Patton v. Bank of St. Louis

CLEMENS, Senior Judge.

Plaintiffs Kathy Patton and Charles Jenkins sued defendant Bank of St. Louis for damages, alleging wrongful seizure of their mortgaged automobile. The trial court dismissed plaintiffs’ petition on the ground of res judicata and they have appealed. We affirm.

The initial action was a suit by the bank against Patton and Jenkins for the $2,048 balance due on their promissory note. Therein personal service was had on Charles Jenkins and Kathy Patton entered her appearance by consenting to a continuance to February 21, 1979. On that date the court entered a $2,355 default…