Holder v. Chidister
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Hon. Arch A. Johnson, Judge. In the case at bar the proceedings in the circuit court from the filing of the petition to the default, inquest and final judgment thereon appear to have been entirely regular and in conformity to law, and the defendant has not, as a matter of law and strict right, any ground on which to claim that the judgment on the default be set aside. Robyn v. The Chronicle Pub.
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Appeal from Greene County Circuit Court.—Hon. Arch A. Johnson, Judge. In the case at bar the proceedings in the circuit court from the filing of the petition to the default, inquest and final judgment thereon appear to have been entirely regular and in conformity to law, and the defendant has not, as a matter of law and strict right, any ground on which to claim that the judgment on the default be set aside. Robyn v. The Chronicle Pub. Co., 127 Mo. 385, 390; Johnson v. Godlove, 71 Mo. 400. An appellate court should not interfere with the discretion of the trial court in determining a motion…
1Opinion of the CourtRobertson, P. J.
Plaintiff obtained a judgment by default against the defendant in the circuit court, which, on the fourth day thereafter and during the same term of court, the defendant moved to set aside, accompanying his motion by an affidavit and his proposed answer. Upon the hearing of defendant’s motion, supported by affidavits and oral testimony, the court promptly sustained the same and the plaintiff has appealed.
Since it has been held by the Supreme Court that Section 2038, Revised Statutes of 1909, does not authorize an appeal in a case of this kind (Crossland v. Admire, 118 Mo. 87, 24 S. W. 154;…
2Cases cited5 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Breed v. HobartSupreme Court of Missouri · 1905
- Miller v. CrawfordMissouri Court of Appeals · 1910
- Santa Fe Car Icing Co. v. KemperMissouri Court of Appeals · 1912
- Bussiere v. SaymanMissouri Court of Appeals · 1913
3Cited by8 opinions
- Farrell v. DeClueMissouri Court of Appeals · 1963
- Kallash v. KuelkerMissouri Court of Appeals · 1961
- Owens v. OwensMissouri Court of Appeals · 1955
- Harper v. HarperMissouri Court of Appeals · 1964
- Boden v. JohnsonMissouri Court of Appeals · 1930
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