Hart's Administrator v. Walker
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. This was an action on a promissory note. On the second day of the return term, a judgment by default for want of an answer was taken against the defendants. On the same day and before the adjournment of the court, the defendants mdsed the court to set aside the judgment by default and for leave to file an answer immediately. The court overruled the motion. There was no bill of exceptions signed by the judge.
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Appeal from Stoddard Circuit Court. This was an action on a promissory note. On the second day of the return term, a judgment by default for want of an answer was taken against the defendants. On the same day and before the adjournment of the court, the defendants mdsed the court to set aside the judgment by default and for leave to file an answer immediately. The court overruled the motion. There was no bill of exceptions signed by the judge. The term continued more than three days. The defendants appealed to the supreme court. I. The defendants had a right to answer at any time during the…
1Opinion of the CourtScott, Judge
It appears from the record that the term of the Stoddard circuit court, at which the judgment in this cause was rendered, continued for more than two days. The defendants therefore had the whole of the second day on which to plead, •even though the cause was set for that day and was called on that day in its turn. The arrangement of the docket could not deprive them of a right conferred by law. Having the whole of the second day on which to plead, a judgment by default could not be taken on that day against the defendants. It could not be taken earlier than the third day. As the judgment by…
2Cited by4 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- State ex rel. Estes v. GaitherSupreme Court of Missouri · 1883
- Marsden v. NippSupreme Court of Missouri · 1930
- Brackett v. BrackettSupreme Court of Missouri · 1875