Underwood v. Dollins
Supreme Court of Missouri
Error to Third, District Court. I. The appearance of a defendant by filing his petition, and the presentation of it to the court for the purpose of having the original judgments in the cause set aside, are very different things; one may be done in vacation, the other only .in term time.
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Error to Third, District Court. I. The appearance of a defendant by filing his petition, and the presentation of it to the court for the purpose of having the original judgments in the cause set aside, are very different things; one may be done in vacation, the other only .in term time. (Gen. Stat. 1865, p. 662, § 46.) It is no answer to this to say that if the defendants could file their petition with the clerk, and notify the plaintiff that they would present it at the next term, they might postpone the presentation of it for an indefinite time. The petition being on file, the defendants…
1Opinion of the CourtCurrier, Judge
This proceeding was instituted for the purpose of avoiding a judgment rendered upon constructive notice. The judgment complained of was rendered April 25, 1866. On the 23d of April, 1868, the petitioners (defendants) served notice upon the opposite party, to the effect that petitioners would immediately file with the clerk of the court where the judgment was rendered their petition under the statute to avoid and disprove the damages recovered against them in the former suit, and that the petition rvould be presented to the cour# for hearing at its next regular session, which was appointed by…
2Cited by1 opinion
- Groner v. SmithSupreme Court of Missouri · 1872