Vastine v. Bast
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. At common law, the power of the coitrt over its own judgments by default remained until one year after rendition, and was exercised whenever any irregularity was shown to exist either upon the face of the record, or, aliunde, without regard to merits — Hallet v. Righters, 13 How.
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Error to St. Louis Court of Common Pleas. At common law, the power of the coitrt over its own judgments by default remained until one year after rendition, and was exercised whenever any irregularity was shown to exist either upon the face of the record, or, aliunde, without regard to merits — Hallet v. Righters, 13 How. Pr. 45; Williams v. Reel, 5 Duer, 602. By our statute, it is provided that a party summoned, who has not appeared, may within three years (this petition was filed within the time limited) have it set aside by showing that he has a good defence — G-. S. 1865, ch. 171, §§ 13 &…
1Opinion of the CourtWagner, Judge
Plaintiff filed his petition in the St. Louis Court of Common Pleas on the 14th of November, 1864, praying to set aside a judgment rendered against him in the same court in favor of the defendant on the 23d day of April, 1863. He alleges substantially as grounds for opening and vacating the judgment, that defendant, previous to the rendition of the judgment against him, recovered judgment against Wm. S. Hillyer and others, and that an execution was issued thereon and returned unsatisfied; that he (plaintiff) was a resident *496of the State of Illinois and had never resided in Missouri, and was…
2Cited by12 opinions
- Byler v. JonesSupreme Court of Missouri · 1883
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Hurlburt v. PalmerNebraska Supreme Court · 1894
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Capital City Bank v. KnoxSupreme Court of Missouri · 1871
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