Santa Fe Car Icing Co. v. Kemper
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — How. Kimbrough Stone, Special Judge. (1) An appeal lies from tlie order setting aside the judgment. Miller v. Crawford, 140 Mo. App. 711; Harkness v. Jarvis, 182 Mo. 231. (2) A motion to set aside judgment by default must state facts which show a meritorious defense and be supported by an affidavit showing due diligence. E. S. 1909',- sec. 2104; Cowan, Trustee v. Bircher, 5 Mo.
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Appeal from Jackson. Circuit Court. — How. Kimbrough Stone, Special Judge. (1) An appeal lies from tlie order setting aside the judgment. Miller v. Crawford, 140 Mo. App. 711; Harkness v. Jarvis, 182 Mo. 231. (2) A motion to set aside judgment by default must state facts which show a meritorious defense and be supported by an affidavit showing due diligence. E. S. 1909',- sec. 2104; Cowan, Trustee v. Bircher, 5 Mo. App. 577; Campbell v. Garton, 29 Mo. 343; Castilio v. Bishop, 51 Mo. 162; Palmer v. Bussell, 34 Mo. 476; Biebinger v. Taylor, 64 Mo. 63. (3) Due diligence and a meritorious defense…
1Opinion of the CourtJohnson, J.
— This is an action on a bond commenced in the circuit court of Jackson county, October 31, 1910. The defendants are the principals and two of the three sureties who executed the bond. The principals were partners engaged in the business of selling ice under the firm name of The Ice Wagon Drivers Union and the bond was executed and delivered to plaintiff, a manufacturer of ice, to secure the payment of ice to be purchased by the partnership. The petition alleges that after the execution of the bond, plaintiff, at divers times, sold and delivered ice to defendants of the value of $519.75, for…
2Cases cited6 opinions
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Miller v. CrawfordMissouri Court of Appeals · 1910
- Burnes v. BurnesMissouri Court of Appeals · 1895
- Matthews v. CookSupreme Court of Missouri · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Holder v. ChidisterMissouri Court of Appeals · 1914
- Butcher v. WhiteMissouri Court of Appeals · 1954
- State Ex Rel. Johnson v. ArnoldSupreme Court of Missouri · 1927
- Mattocks v. Van AsmusMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.