Fannon v. Plummer
Missouri Court of Appeals
Error to the Ozark Circuit Court, Hon. J. R. Woodside, Judge. A default is regular where it is taken after defendant has failed to plead within snch time as required by statute or the rules of court. Rev. Stat., sec. 3675. This default was taken on the third day of the second term. Interlocutory and final judgments may be taken at the same term and this may be the first term where the petition containing the items of the accoúnt was. served by copy.
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Error to the Ozark Circuit Court, Hon. J. R. Woodside, Judge. A default is regular where it is taken after defendant has failed to plead within snch time as required by statute or the rules of court. Rev. Stat., sec. 3675. This default was taken on the third day of the second term. Interlocutory and final judgments may be taken at the same term and this may be the first term where the petition containing the items of the accoúnt was. served by copy. Acts 1883, p. 125, sec. 1, amending,. Rev. Stat., sec. 3681. The cases in 31 Mo. 308, 33 Mo. 308, and 33 Mo. 312, holding the contrary were…
1Opinion of the CourtThompson, J.
This action is brought in the circuit court of Douglas county, to recover a balance claimed to be due for services under a contract. The plaintiff took a change-of venue to the circuit court of Ozark county, and, the cause being called for trial in that court, the plaintiff dismissed as to certain of the defendants not served with-process, took a default as to the others, and the court heard evidence and rendered a final judgment. All this-happened on the same day, before a special judge who-had been elected by the bar to hold the court in consequence of the regular judge being absent. On the…
2Cases cited1 opinion
- Nelson v. GhiselinMissouri Court of Appeals · 1885
3Cited by7 opinions
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Nickey v. LeaderSupreme Court of Missouri · 1911
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Martin v. St. Charles Tobacco Co.Missouri Court of Appeals · 1893
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