Miller v. Crawford
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. L. J. JEJas-tin> Judge. The trial court is without power or authority to set aside a final judgment on default. It is in the discretion of the court to set aside default before final judgment, but the statute does not permit the filing of a motion after final judgment. R. S. 1889, sec. 770; Bil-lingham v. Miller, 115 Mo. App. 154; Burnes v. Burnes, 61 Mo. App. 612; Matthew v. Cook, 85 M'o.
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Appeal from Buchanan Circuit Court. — Hon. L. J. JEJas-tin> Judge. The trial court is without power or authority to set aside a final judgment on default. It is in the discretion of the court to set aside default before final judgment, but the statute does not permit the filing of a motion after final judgment. R. S. 1889, sec. 770; Bil-lingham v. Miller, 115 Mo. App. 154; Burnes v. Burnes, 61 Mo. App. 612; Matthew v. Cook, 85 M'o. App. 286. (1) All judgments, decrees aud other orders, however conclusive, are under the control of the court which pronounces them during the term at which they…
1Opinion of the CourtEllison, J.
This action was instituted upon a promissory note, and judgment by default, and final, was rendered by the trial court. Afterwards, during the term, defendant filed motion to set aside the judgment and the court sustained it. Plaintiff thereupon appealed 'from that order.
*713The judgment, being upon a promissory note, was entered in the usual form, reciting the default and that the cause was thereupon submitted to the court by the plaintiff; that the court found the indebtedness existing in the amount of $468.68 and thereupon considered and adjudged that plaintiff recover that amount and have…
2Cases cited10 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Harkness v. JarvisSupreme Court of Missouri · 1904
- McAnaw v. MatthisSupreme Court of Missouri · 1895
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
- Scott v. SmithSupreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Farrell v. DeClueMissouri Court of Appeals · 1963
- Hall v. McConeyMissouri Court of Appeals · 1910
- Theo. Hirsch Co. v. ScottSupreme Court of Florida · 1924
- Farrell v. DeClueMissouri Court of Appeals · 1964
6 more not listed; retrieve them via the Exa API.