Weimer v. Morris
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis county. The error assigned is, that the court refused to set aside the judgment by default The decision of the court below was correct. 1st. Because the affidavit swears to no defence to the action. 2d. Because there was no diligence in making a defence. Lecompte & wife, vs. Wash, 5 Mo. Rep. 557. 3d. That the motion was not made in time, being after damages were assessed. Revised Code 460, sec. 31.
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
John P. Morris brought his action in the circuit court of St. Louis county, against John M. Weimer. That court gave judgment for Morris; to reverse which Weimer appeals to this court. The judgment was taken by default, and there was a motion to set it aside, which was overruled. The bill of exceptions shows that Weimer swore that shortly after the service of the summons in the case, he saw *7George W. Call, the maker of the note on which the action was founded, and for whose accommodation the defendant^ Weimer indorsed the same, and the said Call told…
2Cited by5 opinions
- Field v. MatsonSupreme Court of Missouri · 1844
- Campbell v. GartonSupreme Court of Missouri · 1860
- Wagemann v. JordanSupreme Court of Missouri · 1854
- Dalton v. McCafferyMissouri Court of Appeals · 1885
- Oxley v. OxleyMissouri Court of Appeals · 1947