Armstrong v. Elrick
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. Charles Claflin Allen, Judge. (1) A judgment by default, rendered while an attorney is temporarily from the court room on account of sickness, should be set aside on application. Stout v. Lewis, 11 Mo. 438 ; Hall v. McConey, 152 Mo. App. 1; Tucker v. Insurance Company, 63 Mo. 593; Judah v. Hogan, 67 Mo. 252; Currey v. Zinc, Lead & Smelting Co., 157 Mo. App. 423; Parks v. Coyne, 156 Mo.
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Appeal from St. Louis City Circuit Court.—Eon. Charles Claflin Allen, Judge. (1) A judgment by default, rendered while an attorney is temporarily from the court room on account of sickness, should be set aside on application. Stout v. Lewis, 11 Mo. 438 ; Hall v. McConey, 152 Mo. App. 1; Tucker v. Insurance Company, 63 Mo. 593; Judah v. Hogan, 67 Mo. 252; Currey v. Zinc, Lead & Smelting Co., 157 Mo. App. 423; Parks v. Coyne, 156 Mo. App. 379. (2) The recitals of a recorded judgment are presumptively the true record of what occurred. Monk v. Railroad, 166 Mo. App. 702; Reis et al. v. Epperson…
1Opinion of the CourtNortoni, J.
Defendant appeals from a judgment entered against him during his absence. The principal question for consideration relates to the ruling of the court in refusing to set the judgment aside on motion; but other questions are suggested in plaintiff’s argument advanced to preclude a review of the main question here.
It is urged, first, that the ruling of the court on the motion to set aside the judgment is not before us, for it is said the appeal is from the judgment alone. It appears the court entered judgment against defendant, who had answered, during the absence of himself and his counsel, on…
2Cases cited14 opinions
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- Cross v. GouldMissouri Court of Appeals · 1908
- Parks v. CoyneMissouri Court of Appeals · 1911
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Hall v. McConeyMissouri Court of Appeals · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cragin v. Henderson County Oil Development Co.Texas Commission of Appeals · 1926
- Hamm v. HammMissouri Court of Appeals · 1969
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- Anspach v. JansenMissouri Court of Appeals · 1934
5 more not listed; retrieve them via the Exa API.