Legal Opinion

Weber v. Hoesch

Missouri Court of Appeals

Decided July 15, 1980No. 41250PublishedCited by 6 opinions

1Opinion of the Court

CLEMENS, Senior Judge.

Defendant George H. Hoesch appeals from a $80,016 judgment rendered against him on his unpaid promissory note.

Both parties and the trial court refer to this as a “default judgment”. That is a mis-nomer since here defendant had entered his appearance, filed answer, and been duly notified of, but did not appear personally or by counsel at the trial on July 5, 1979. The trial court heard and rendered judgment on plaintiff’s evidence that defendant had defaulted on payment of his note. As to the mis-nomer of “default judgment” in such instances see Hinson v. Hinson, 518…

2Cases cited4 opinions

  1. Ward v. Cook United, Inc.Missouri Court of Appeals · 1975
  2. J. G. Jackson Associates v. MosleyMissouri Court of Appeals · 1958
  3. Hinson v. HinsonMissouri Court of Appeals · 1975
  4. State Ex Rel. Jones v. ReaganMissouri Court of Appeals · 1964

3Cited by6 opinions

  1. Ozark Mountain Timber Products, Inc. v. RedusMissouri Court of Appeals · 1987
  2. Murray v. SandersMissouri Court of Appeals · 1984
  3. Vetter & Associates, Inc. v. Dimarco Corp.Missouri Court of Appeals · 1987
  4. Friedman v. Caring Group, Inc.Missouri Court of Appeals · 1988
  5. Irving v. BrannockMissouri Court of Appeals · 1988

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