Muth Realty Co. v. Timmerberg
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon, James E. Withrow, Judge. (1) The general rule is that where the application to set aside a judgment by default discloses a good defense on the merits and a reasonable excuse for delay is shown and no substantial injury has resulted from such temporary delay, the court should exercise its discretion in favor of the trial on its merits, and an appellate court is less apt to interfere when the judgment was set aside than when it…
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Appeal from St. Louis City Circuit Court. — Eon, James E. Withrow, Judge. (1) The general rule is that where the application to set aside a judgment by default discloses a good defense on the merits and a reasonable excuse for delay is shown and no substantial injury has resulted from such temporary delay, the court should exercise its discretion in favor of the trial on its merits, and an appellate court is less apt to interfere when the judgment was set aside than when it was not. Parks v. Coyne, 156 Mo. App. 379; Hall v. McConey, 152 Mo. App. 1. (2) The trial court is invested with large…
1Opinion of the CourtAllen, J.
This action was begun before a justice of the peace, and is to recover the sum of $213.50 for certain personal property alleged to have been sold by plaintiff to the defendants. One defendant filed a counterclaim. The justice found for plaintiff on its cause of action and against it on the counterclaim, entering judgment for plaintiff against both defendants in the sum of $130, assessing all of the costs against the plaintiff. From this judgment the plaintiff appealed to the circuit court, its appeal being returnable to the October term, 1911, thereof. Plaintiff, however, failed to pay the…
2Cases cited11 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Scott v. SmithSupreme Court of Missouri · 1896
- Hall v. McConeyMissouri Court of Appeals · 1910
- Armstrong v. ElrickMissouri Court of Appeals · 1913
- St. Louis World Publishing Co. v. Rialto Grain & Securities Co.Missouri Court of Appeals · 1904
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3Cited by5 opinions
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Levee District No. 4 of Dunklin County v. SmallMissouri Court of Appeals · 1955
- Anspach v. JansenMissouri Court of Appeals · 1934
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
- Munroe v. DoughertyMissouri Court of Appeals · 1916