Dower v. Conrad
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. Samuel Rosenfeld, Judge. (1) A final judgment against a defendant who has not appeared to the suit, may be vacated both at common law and under the statute. Sections 1532 and 1535, E. S. 1919; Shuck v. Lawton, 249 Mo. 168; Hulbert v. Tread-way, 159 Mo. 665; Harkness v. Jarvis, 182 Mo. 231; Currey v. Zinc, Lead & Smelting Co., 157 App. 423; 17 Am & En,g. Encyc. of Law (2 Ed.), 1. c. 824, etc.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. Samuel Rosenfeld, Judge. (1) A final judgment against a defendant who has not appeared to the suit, may be vacated both at common law and under the statute. Sections 1532 and 1535, E. S. 1919; Shuck v. Lawton, 249 Mo. 168; Hulbert v. Tread-way, 159 Mo. 665; Harkness v. Jarvis, 182 Mo. 231; Currey v. Zinc, Lead & Smelting Co., 157 App. 423; 17 Am & En,g. Encyc. of Law (2 Ed.), 1. c. 824, etc. (2:) Courts in this State have inherent power to set aside a judgment upon motion filed at any time during the term at which it is entered.…
1Opinion of the Court
The action on which judgment in this case was rendered, was filed in the circuit court of the city of St. Louis, on the 14th of September, 1917, and was an action for damages against T.A. Conrad, for personal injuries alleged to have been sustained by plaintiff, by coming in contact with obstructions on a sidewalk in front of premises owned by defendant. Summons was issued and personally served upon defendant on the next day after the petition was filed, and more than fifteen days before the October Term, 1917. Defendant filed no answer, nor did he appear or plead for any purpose.…
2Cases cited4 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- State ex rel. Lynch v. TaylorMissouri Court of Appeals · 1914
3Cited by8 opinions
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Peoples Bank of Holcomb v. BullockMissouri Court of Appeals · 1925
- Conant v. ConantMissouri Court of Appeals · 1924
- State Ex Rel. Zeppenfeld v. CalhounMissouri Court of Appeals · 1925
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