Kerby & Potter v. Chadwell
Supreme Court of Missouri
APPEAL from Dade Circuit Court. The appellee contends that the judgment of the Court should be affirmed. 1. Because according to the provisions of the 5th section of the act regdlating petition in debt, R, C. 1845, page 802, the.Court has no discretion, and cannot extend the time for pleading.
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APPEAL from Dade Circuit Court. The appellee contends that the judgment of the Court should be affirmed. 1. Because according to the provisions of the 5th section of the act regdlating petition in debt, R, C. 1845, page 802, the.Court has no discretion, and cannot extend the time for pleading. It is a positive Legislative enactment, and there is no section in the act explanatory thereof or which gives discretionary power to the Court, 2. Because the 14th section of the act regulating practice at law, R. C. 1845, page 810, is only-applicable to pleading under that act, and does not extend to…
1Opinion of the Court
McBride, J.,
delivered, the opinion of the Court.
Samuel Chadwell brought his action by petition and summons in theDade Circuit Court against John C. Kirby and Burton Potter on a promissory note for $100. The process having been personally served more-than fifteen days before the return day of the April Term of said Court, 1846, and the defendants not having pleaded, or answered the action on or before the second day of the term, judgment by default was entered against them by the Court, on the third day of the term. On .the fifth day of the term a motion to set aside the judgment by default…
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