Doan v. Holly
Supreme Court of Missouri
Error to Andrew Circuit Court. This was a suit on a promissory note for $5,532.03 executed by defendants, Henry T. Walker and Charles E. Holly, and also to foreclose a mortgage executed in behalf of plaintiffs — the members of the firm of Doan, King & Co., the payees of the note — by Holly, one of the makers. At the April term, 1857, of the court — the return term — final judgment was rendered against defendants.
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Error to Andrew Circuit Court. This was a suit on a promissory note for $5,532.03 executed by defendants, Henry T. Walker and Charles E. Holly, and also to foreclose a mortgage executed in behalf of plaintiffs — the members of the firm of Doan, King & Co., the payees of the note — by Holly, one of the makers. At the April term, 1857, of the court — the return term — final judgment was rendered against defendants. This judgment was reversed at the July term, 1857, of the Supreme Court. (See report of case, 25 Mo. 357.) At the October term of the Andrew circuit court, the defendants having…
1Opinion of the CourtScott, Judge
This case is reported in 25 Mo. 357. When here it was reversed for reasons stated in the opinion. The cause is again here with the errors in the proceedings for which there was heretofore a reversal of'the judgment.
It is now made a ground for the reversal of the judgment that the action not being founded upon a bond, bill or note *188for the direct payment of money or property, a judgment by default could not be proceeded on to final judgment at the term during which it was taken. (Sec. 11, art. 12, R. C. 1855, p. 1280.) The judgment in this case was reversed for the reason that there was 'a…
2Cases cited2 opinions
- Doan v. HollySupreme Court of Missouri · 1857
- Watson v. Walsh & PattersonSupreme Court of Missouri · 1847
3Cited by7 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Beattie Manufacturing Co. v. GerardiSupreme Court of Missouri · 1901
- Showles v. FreemanSupreme Court of Missouri · 1884
- Lawther v. AgeeSupreme Court of Missouri · 1864
- Brackett v. BrackettSupreme Court of Missouri · 1875
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