Tucker v. St. Louis Life Ins.
Supreme Court of Missouri
Error to Callaway Circuit Court. The decision of the circuit court was correct in overruling the motion of the plaintiffs in error, asking to have the judgment by default set aside. The affidavit shows no meritorious defense.
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Error to Callaway Circuit Court. The decision of the circuit court was correct in overruling the motion of the plaintiffs in error, asking to have the judgment by default set aside. The affidavit shows no meritorious defense. The affidavit does not show that the parties and their attorneys had exercised proper diligence, but on the contrary gives evidence of gross negligence on their part. . No diligence is shown in preparing for the defense, nor no sufficient excuse for the omission to do so. The record shows that plaintiffs in error were personally served with process on May 25th, 1874, and…
1Opinion of the CourtSherwood, Judge
Action to foreclose a mortgage executed by defendant, Henry Larrimore, on the 28th day of March, 1870, to the plaintiffs in their firm name, to secure the payment of a note for $1,604.68, *592as well as to secure the payment of a large number of other debts due by the same defendant to other creditors and co-mortgagees, who were also made parties defendant. The mortgage conveyed both real and personal property, but does not appear to have been recorded. On the 31st day of March, 1870, Larrimore executed to Clark & Holliday, and to Selby & Jameson, as "trustees respectively of the Missouri Mutual…
2Cases cited14 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Fithian v. MonksSupreme Court of Missouri · 1869
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Gehrke v. JodSupreme Court of Missouri · 1875
- Doan v. HollySupreme Court of Missouri · 1858
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Cross v. GouldMissouri Court of Appeals · 1908
- Whitledge v. Anderson Air Activities, Inc.Supreme Court of Missouri · 1955
- Ladd & Tilton v. MasonOregon Supreme Court · 1882
24 more not listed; retrieve them via the Exa API.