Doan v. Holly
Supreme Court of Missouri
Error to Andrew Circuit Court. This case has heretofore been before the supreme court. (See 25 Mo. 857 ; 26 Mo. 186.) A former judgment in said cause was reversed at the January term, 1858, of the supreme court. The mandate and opinion of the supreme court were received by the clerk of the Andrew circuit court after the commencement of the April term, 1858, of said court. The clerk, of his own motion, docketed the case on the third day of the term.
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Error to Andrew Circuit Court. This case has heretofore been before the supreme court. (See 25 Mo. 857 ; 26 Mo. 186.) A former judgment in said cause was reversed at the January term, 1858, of the supreme court. The mandate and opinion of the supreme court were received by the clerk of the Andrew circuit court after the commencement of the April term, 1858, of said court. The clerk, of his own motion, docketed the case on the third day of the term. Judgment by default was rendered against defendant Holly on the fourth day of the term. This judgment the defendant Holly moved the court to set…
1Opinion of the CourtScott, Judge
We can not believe that the purposes of justice will be subserved in interfering with the judgment of the court below. It is conceded that where a judgment is irregularly obtained against the provisions of a statute or the rules of a court a party is entitled to have it set aside without showing any merits. It is enough that it was obtained against the *258law or the practice of the court. Unless the court has a discretion in setting the judgment aside, the law must be followed and the judgment pronounced irregular. The circuit courts formerly had rules prescribing the times within, which a…
2Cited by16 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- State v. WearSupreme Court of Missouri · 1898
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Jones v. HartSupreme Court of Missouri · 1875
- Branstetter v. RivesSupreme Court of Missouri · 1864
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