Legal Opinion

Stewart v. Stringer

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 9 opinions

Jlppeal from Sixth District Court. cited White River Bank v. Downer, 29 Verm. 332'; Newhall v. Provost, 6 Cal. 85"; Reynolds v. Davis, 5 Sandf. 267; Green v. Clark, 13 Barb. 57; Jackson v. Ashton, 10 Pet. 480 ; Chambers’ Adm’r v. Smith’s Adm’r, 30 Mo. 156 ; Kitchen v. Reinsky, 42 Mo. 427. cited Corby’s Assignor v. Burns et al., 36 Mo. 194; Blanton v. Jamison, 8 Mo. 52; Dobbins v. Thompson, 4 Mo. 118 ; Waddingham v. City of St. Louis, 14 Mo. 190-4; Hickman v. Barnes, 1 Mo.…

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Jlppeal from Sixth District Court. cited White River Bank v. Downer, 29 Verm. 332'; Newhall v. Provost, 6 Cal. 85"; Reynolds v. Davis, 5 Sandf. 267; Green v. Clark, 13 Barb. 57; Jackson v. Ashton, 10 Pet. 480 ; Chambers’ Adm’r v. Smith’s Adm’r, 30 Mo. 156 ; Kitchen v. Reinsky, 42 Mo. 427. cited Corby’s Assignor v. Burns et al., 36 Mo. 194; Blanton v. Jamison, 8 Mo. 52; Dobbins v. Thompson, 4 Mo. 118 ; Waddingham v. City of St. Louis, 14 Mo. 190-4; Hickman v. Barnes, 1 Mo. 158 ; Stewart et al. v. Stringer et al., 41 Mo. 400 ; 9 Mo. 437 ; 30 Mo. 156 ;°4 Mo. 18 ; id. 626 ; 9 Mo. 437 ; 41 Mo. 400.

1Opinion of the Court

Currier, Judge,

delivered the opinion of the court. '

On the 15th of March, 1862, as the record shows, judgment by default was rendered against the defendants in the St. Charles Circuit Court. Subsequently an execution was issued and property sold in part satisfaction of the judgment.

November 14, 1865, Ruenzi, one of the defendants, moved to have the judgment set aside, assigning, as grounds for the motion, that he had a meritorious defense, and that he had never been notified of the pendency of the suit. The motion was overruled. On appeal to the Supreme Court, the judgment overruling the…

2Cases cited3 opinions

  1. Stewart v. StringerSupreme Court of Missouri · 1867
  2. White River Bank v. DownerSupreme Court of Vermont · 1857
  3. Newhall v. ProvostCalifornia Supreme Court · 1856

3Cited by9 opinions

  1. Feurt v. CasterSupreme Court of Missouri · 1903
  2. Kahn v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1910
  3. Chicago Planing Mill Co. v. Merchants' National BankIllinois Supreme Court · 1881
  4. Majewski v. BenderMissouri Court of Appeals · 1951
  5. Martin v. CastleSupreme Court of Missouri · 1904

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