Jacob v. McLean
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit brought by an endorsee of a bill of exchange against the acceptor. Defendant, in his answer, set up a want or failure of consideration; also denied the endorsements. When the case was called for trial, the defendant not being present, it was submitted to the court upon proof of the several endorsements, and the court found for plaintiff, and rendered judgment accordingly.
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Appeal from St. Louis Circuit Court. This was a suit brought by an endorsee of a bill of exchange against the acceptor. Defendant, in his answer, set up a want or failure of consideration; also denied the endorsements. When the case was called for trial, the defendant not being present, it was submitted to the court upon proof of the several endorsements, and the court found for plaintiff, and rendered judgment accordingly. Defendant moved to set aside this judgment and accompanied his motion with the following affidavit : “ L. M. Shreve being duly sworn, upon his oath states that he has had…
1Opinion of the CourtScott, Judge
If the ground on wbicb this application for a new trial is asked be sustained, it would be almost impossible to do the business of the St. Louis courts. If, because counsel is engaged in one court, the business of another court, where his presence is required, is to be delayed, it is easy to see that no dispatch could be used in the disposition of causes. The courts below, where the business of suitors is done in the first instance, must be the judges how far the counsel may be tolerated in absenting themselves. This court, sitting in St. Louis, sees that, if the absence of counsel in other…
2Cited by14 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Smith v. Parkersburg Co-Operative Ass'nWest Virginia Supreme Court · 1900
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- State v. ParkerSupreme Court of Missouri · 1891
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