Fisher v. Fisher
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. A. F. Evans, Judge. (1) A judgment by default cannot be set aside after final judgment, under the statute. Matthews v. Cook, 35 Mo. 286; Burns v. Bums, 61 Mo. App. 617. (2) Unless for irregularity “patent upon the record,” the circuit court has no power to vacate a judgment upon a motion after lapse of the term. Phillips v. Evans, 64 Mo. 17; Ennis v. Hagan, 47 Mo. 515; Harbor v. Railroad, 32 Mo. 424; Brewer y.
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Error to Jackson Circuit Court. — Hon. A. F. Evans, Judge. (1) A judgment by default cannot be set aside after final judgment, under the statute. Matthews v. Cook, 35 Mo. 286; Burns v. Bums, 61 Mo. App. 617. (2) Unless for irregularity “patent upon the record,” the circuit court has no power to vacate a judgment upon a motion after lapse of the term. Phillips v. Evans, 64 Mo. 17; Ennis v. Hagan, 47 Mo. 515; Harbor v. Railroad, 32 Mo. 424; Brewer y. Dinwiddie, 25 Mo. 351; State ex rel. v. Walls, 113 Mo. 42; 15 Ency. Plead. & Prac., 257 and notes; Ashley v. Hyde, 6 Ark. 99; Sharp v. Railroad,…
1Opinion of the CourtJohnson, J.
On November 17, 1903, plaintiff in error brought suit against defendant in error, in the circuit court of Jackson county, at Independence, to re*629cover judgment for a part of the purchase price of certain real estate, and to foreclose a vendor’s lien for the same.
In the petition filed plaintiff stated that defendant bought the land from her, agreeing to pay six thousand dollars therefor as follows: Defendant was to pay a note secured by deed of trust on the land which, with interest, amounted to two thousand two hundred and sixty dollars, and was to pay the remainder, three thous- and seven…
2Cases cited14 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Downing v. StillSupreme Court of Missouri · 1869
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Craig v. SmithSupreme Court of Missouri · 1877
- Dugan v. ScottMissouri Court of Appeals · 1889
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3Cited by6 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Graff v. DoughertyMissouri Court of Appeals · 1909
- Brown v. CurtissMissouri Court of Appeals · 1911
- Buford v. BufordMissouri Court of Appeals · 1968
1 more not listed; retrieve them via the Exa API.