Legal Opinion

Barry v. Emerson Electric Co.

Missouri Court of Appeals

Decided December 4, 1990No. 57837Published

1Opinion of the Court

CRIST, Judge.

Emerson Electric Co. appeals the denial of its motion to quash service and to set aside a default judgment against it in the sum of $50,000. We affirm.

*48Setting aside a default judgment is a matter left to the discretion of the trial court and the trial court’s ruling is to be interfered with by the appellate court only for an abuse of discretion with the discretion not to set aside being a good deal narrower than the discretion to set aside. The appellate courts are more likely to interfere when the trial court has denied a request to set aside a default judgment than when it has…

2Cases cited3 opinions

  1. Luce v. AnglinMissouri Court of Appeals · 1976
  2. Kitchens v. Missouri Pacific RailroadMissouri Court of Appeals · 1987
  3. Marriage of Saloma v. Saloma-OrozcoMissouri Court of Appeals · 1990

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