Robyn v. Chronicle Publishing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowrt. — Hon, Jacob Klein, Judge, (1) This court will reverse the action of the court below in refusing to set aside a default when the result is a manifest injustice. Tucker v. Ins. Co., 63 Mo. 588; Judah v. Hogan, 67 Mo. 252. (2) It is of no consequence that the stipulation extending the time of pleading was not in writing, the same being admitted as clearly proved. People v. Stephens, 52 N. Y. 310; Montgomery v. Filis, 6 How.
Read the full summary
Appeal from St. Louis City Circuit Cowrt. — Hon, Jacob Klein, Judge, (1) This court will reverse the action of the court below in refusing to set aside a default when the result is a manifest injustice. Tucker v. Ins. Co., 63 Mo. 588; Judah v. Hogan, 67 Mo. 252. (2) It is of no consequence that the stipulation extending the time of pleading was not in writing, the same being admitted as clearly proved. People v. Stephens, 52 N. Y. 310; Montgomery v. Filis, 6 How. Pr. 326; Benhamv. Smith, 11 Wis. 258. (3) If defendant relied upon this verbal agreement as meaning one thing and the plaintiff…
1Opinion of the CourtBrace, P. J.
On the third day of September, 1892, the plaintiff, by his attorney M. B. Jonas, instituted this suit in the circuit court of the city of St. Louis to recover damages off the defendant for libel in publishing a certain article in the St. Louis Chronicle, set out in the petition, and therein alleged to be false and defamatory, and the publication thereof to have been willful, wanton and malicious. On the same day summons was issued and served upon the defendant, returnable to the October term of said court. On the twenty-seventh day of October, 1892, a bond for costs was filed by the plaintiff…
2Cases cited6 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Jacob v. McLeanSupreme Court of Missouri · 1856
- Judah v. HoganSupreme Court of Missouri · 1878
- Griffin v. VeilSupreme Court of Missouri · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whitledge v. Anderson Air Activities, Inc.Supreme Court of Missouri · 1955
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- Parks v. CoyneMissouri Court of Appeals · 1911
- McIntosh v. FoulkeSupreme Court of Missouri · 1950
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.