Osage Investment Co. v. Sigrist
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hpn. G. A. Cal-vird, Judge. (1) The trial court erred in holding in effect that the defendant was required to prove his defense upon the petition for review; it should have held that a prima-facie showing of a meritorious defense was sufficient, and this showing was made. 23 Cyc. 963-4; 15 R. C. L. 718; 17 Am. & Eng. Ency. Law (2 Ed.) 846; Tucker v. Ins. Co., 63 Mo. 588; Harkness v. Jarvis, 182 Mo. 231, 241; Parks v. Coyne, 156 Mo.
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Appeal from St. Clair Circuit Court. — Hpn. G. A. Cal-vird, Judge. (1) The trial court erred in holding in effect that the defendant was required to prove his defense upon the petition for review; it should have held that a prima-facie showing of a meritorious defense was sufficient, and this showing was made. 23 Cyc. 963-4; 15 R. C. L. 718; 17 Am. & Eng. Ency. Law (2 Ed.) 846; Tucker v. Ins. Co., 63 Mo. 588; Harkness v. Jarvis, 182 Mo. 231, 241; Parks v. Coyne, 156 Mo. App. 379, 394. (2) The defendant showed a meritorious defense under the Statute of Limitations. Nall v. Conover, 223 Mo.…
1Opinion of the CourtRagland, J.
This is an appeal from an order of the Circuit Court for St. Clair County, refusing to set aside, on a petition for review, a default judgment previously rendered by it on constructive service. The judgment sought to be vacated was rendered March 15, 1918. The petition for review was filed March 20, 1920; after averring that the petitioner had not been summoned and had not previous to that time appeared to the suit, it proceeded as follows:
'• “Your petitioner further says that plaintiff’s petition is untrue in a material matter and that he has a good defense to the plaintiff’s suit, all as…
2Cases cited2 opinions
- Albright v. WarkentinSupreme Court of Kansas · 1884
- Gray v. LawlorCalifornia Supreme Court · 1907
3Cited by14 opinions
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Audsley v. HaleSupreme Court of Missouri · 1924
- Witcher v. HanleySupreme Court of Missouri · 1923
- Garrison v. SchmickeSupreme Court of Missouri · 1946
- Ridenour v. DuncanSupreme Court of Missouri · 1956
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