Legal Opinion

McElhany v. McHenry

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 1 opinion

jError to Greene Circuit Court.

1Opinion of the CourtRichardson, Judge

The same irregularities appear in this record which were presented in McAdams v. McHenry, 22 Mo. 413. The cases are in all respects analogous. After judgment for costs had been rendered in favor of the defendant and against the plaintiff, a final judgment by default was rendered against the defendant without his appearance and without setting aside the former judgment.

The other judges concurring, the judgment will be reversed and the cause remanded.

2Cases cited1 opinion

  1. McAdams v. McHenrySupreme Court of Missouri · 1856

3Cited by1 opinion

  1. State ex rel. Shaw v. BakerMissouri Court of Appeals · 1888