Casserly v. Bench

MORGAN, Judge.

The trial court, for the reasons herein considered, entered an order striking the answer and counterclaim of defendants, and thereafter entered a default judgment in favor of plaintiff. An appeal was taken to the Court of Appeals, Springfield District, and after opinion therein this court sustained an application to transfer. We now consider the same “as on original appeal.” Rule 83.09, V.A.M.R.

*396Plaintiff, as the administrator of the estate of one James Egan, filed suit in 1964 against defendants in the Circuit Court of Pulaski County at Waynesville seeking judgment on a…