Billingham v. Miller & Teasdale Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Walter B. Douglas, Judge. The circuit court had the power to set aside the judgment and grant the defendant a new trial. Circuit courts being of general jurisdiction have, according to the common law, control of their judgments during the term at which they are rendered. Hulbert v. Treadway, 159 Mo. 668; Wells v. Andrews, 133 Mo. 663; Scott v.' Smith, 133 Mo. 618; Orvis v. Elliot, 65 Mo. App. 96; Oabanne v. MacAdaras, 91 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Walter B. Douglas, Judge. The circuit court had the power to set aside the judgment and grant the defendant a new trial. Circuit courts being of general jurisdiction have, according to the common law, control of their judgments during the term at which they are rendered. Hulbert v. Treadway, 159 Mo. 668; Wells v. Andrews, 133 Mo. 663; Scott v.' Smith, 133 Mo. 618; Orvis v. Elliot, 65 Mo. App. 96; Oabanne v. MacAdaras, 91 Mo. App. 70. After the close of the term at which the judgment by default was rendered, to-wit, the October term, the court…
1Opinion of the CourtGoode, J.
— On the 31st day of May, 1904, the plaintiff filed a petition against the defendant company, a corporation, alleging that on February 21,1904, plaintiff had shipped from New York to the defendant in St. Louis, a carload of apples, pursuant to an order given by the defendant for the apples; that the agreed price of the fruit was $454.50; that in due course the shipment arrived in St. Louis and the railroad company in whose custody it then was, notified the defendant of its arrival, but the defendant refused to receive the fruit; that thereafter it remained in the custody of the railroad…
2Cases cited2 opinions
- Burnes v. BurnesMissouri Court of Appeals · 1895
- Matthews v. CookSupreme Court of Missouri · 1864
3Cited by8 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Hall v. McConeyMissouri Court of Appeals · 1910
- Colter v. LukeMissouri Court of Appeals · 1908
- Miller v. CrawfordMissouri Court of Appeals · 1910
- Armstrong v. ElrickMissouri Court of Appeals · 1913
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