Florez v. Uhrig
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. This court has decided that it will not interfere with the judgment of the court below, refusing to set aside a judgment by default, when it appears there has been gross negligence on the part of the defendant. (Faber v. Bruner, 8 Mo. 541.) And again, this court has decided, over and over again, that no distinction is made between the negligence of a party and the negligence of his attorney.
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Appeal from, St. Louis Circuit Court. This court has decided that it will not interfere with the judgment of the court below, refusing to set aside a judgment by default, when it appears there has been gross negligence on the part of the defendant. (Faber v. Bruner, 8 Mo. 541.) And again, this court has decided, over and over again, that no distinction is made between the negligence of a party and the negligence of his attorney. (Field v. Watson, 8 Mo. 686 ; Kirby v. Chadwell, 10 Mo. 392; Austin v. Nelson, 11 Mo. 192 ; Ridgley v. S. Bt. Reindeer, 17 Mo. 442.) Nor will this court interfere…
1Opinion of the CourtLovelace, Judge
This is an action to recover a balance due by defendant to plaintiff, growing out of the lease of certain premises to defendant’s intestate, Philip Uhrig. The suit was commenced in the lifetime of said Philip Uhrig, in the Circuit Court of St. Louis county, by attachment, under the provisions of the “Act concerning Landlords and Tenants.” Philip Uhrig, by his attorney H. N. Hart, filed a plea in the nature of a plea in abatement; and, on the first day of March, 1862, on motion of plaintiff, the defendant’s plea was stricken out, and ten days’ time given him to plead. On the 13th day of March,…
2Cases cited3 opinions
- Stout v. CalverSupreme Court of Missouri · 1840
- Kerby & Potter v. ChadwellSupreme Court of Missouri · 1847
- Steigers v. DarbySupreme Court of Missouri · 1844
3Cited by6 opinions
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
- Hoffman v. LoudonMissouri Court of Appeals · 1902
- Carr v. DawesMissouri Court of Appeals · 1890
- Lieberman v. FindleyMissouri Court of Appeals · 1900
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1987
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