Town of Carondelet v. Allen's Executors
Supreme Court of Missouri
APPEAL FROM ST. LOUIS COURT OP COMMON PLEAS. I. There was error in overruling the motion to set aside the default. For the case shows that the defendants had a merito.rious defense, and the default arose from the change of the head officer of the corporation between the day of the service of the summons and its return.
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APPEAL FROM ST. LOUIS COURT OP COMMON PLEAS. I. There was error in overruling the motion to set aside the default. For the case shows that the defendants had a merito.rious defense, and the default arose from the change of the head officer of the corporation between the day of the service of the summons and its return. It is conceded that the reported cases in this State seem to require diligence on the part of defendants, hut the rule, it is conceived, would have a different application to a corporation than to a natural person. The service of the summons on the head officer of the…
1Opinion of the CourtBirch, J.
A. verdict was found, a judgment entered in the court below, upon a count in debt which recited and treated as a specialty or bond, an instrument of which the following is a copy : “ In consideration of the services rendered, and to be rendered, by Beverly Allen, Esq., in defense of the following suits, before any court in the county of St. Louis — to-wit: Bingham v. Dent, Inhabitants of Carondelet v. Rolan Brown, Same v. Benjamin Allen, and Benoist Manschal v. William Gibson, and in re-establishing the right of the Inhabitants of the town of Carondelet to commons north and south of the river…
2Cases cited1 opinion
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
3Cited by1 opinion
- Harbison v. SanfordSupreme Court of Missouri · 1886