Parks v. Coyne
Missouri Court of Appeals
Appeal from Jasper Circuit Court.—Son. Henry L. Bright, J udge. (1) When the defendant Coyne, showed to the court that he had a meritorious defense and the decree of diligence had been employed which the evidence here established, and taking into consideration the conduct of the plaintiff from the beginning of this cause until the day on which the default judgment was» entered, it was the duty of the trial judge to set aside the interlocutory judgment.
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Appeal from Jasper Circuit Court.—Son. Henry L. Bright, J udge. (1) When the defendant Coyne, showed to the court that he had a meritorious defense and the decree of diligence had been employed which the evidence here established, and taking into consideration the conduct of the plaintiff from the beginning of this cause until the day on which the default judgment was» entered, it was the duty of the trial judge to set aside the interlocutory judgment. Adams v. Hinchman, 43 Mo. 168;Robinv.Pub. Co., 127 Mo. 385; Welch v. Mastin, 98 Mo. App. 273; Hoffman v. Loudon, 96 Mo. App. 184; Lamb v.…
1Opinion of the CourtNixon, P. J.
This suit Avas.instituted on August 7, 1905, in the circuit court of Jasper county by Wilda Parks against M. W. Eundell and Thomas Coyne. The relief sought Avas damages in the sum of $4500 alleged to have ensued by reason of the death of plaintiff’s husband, Eobert Parks, on August 30, 1904, while working in the Mary Louise mine near Webb City as a servant of *382the defendants. It appears that Rundell-resided in New York. The summons in the case was duly served on Coyne, but as to Rnndell the sheriff’s return recited that he could not be found in Jasper county. Some time was then consumed in an…
2Cases cited16 opinions
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- Smith v. City of SedaliaSupreme Court of Missouri · 1904
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