Clowser v. Noland
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) An irregularity • has been defined in Hirsh v. Wiesberger, 44 Mo. App. 506, and cases cited; Branstetter v. Hives, 34 Mo. 318. (2) The judgment or order rendered or made at the September term, 1896; should have been set aside as irregular and void for the reason that the admissions of the parties and testimony show that the plaintiff did not appear in court when the cause was called.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) An irregularity • has been defined in Hirsh v. Wiesberger, 44 Mo. App. 506, and cases cited; Branstetter v. Hives, 34 Mo. 318. (2) The judgment or order rendered or made at the September term, 1896; should have been set aside as irregular and void for the reason that the admissions of the parties and testimony show that the plaintiff did not appear in court when the cause was called. The nonappearance of appellant was a dismissal of his motion and the court had no power to render judgment against appellant and thereby…
1Opinion of the Court
Smith, P. J. —
This was an action of ejectment in which defendant had judgment.
Statement. At the September term, 1896, of the court the plaintiff filed a motion to retax certain costs, which motion was, later on during- the term, overruled. At the same term the plaintiff filed a mo- . tion to set aside tñe order overruling the motion to retax, alleging as a ground therefor: First, “that said motion to retax was called and by thé court overruled in the absence of plaintiff or his attorneys and without giving them notice that the same would be called and without hearing any testimony or…
2Cases cited10 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Craig v. SmithSupreme Court of Missouri · 1877
- Wright v. SalisburySupreme Court of Missouri · 1870
- Branstetter v. RivesSupreme Court of Missouri · 1864
- Latshaw v. McNeesSupreme Court of Missouri · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Kelerher v. HendersonSupreme Court of Missouri · 1907
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Scott v. ReesSupreme Court of Missouri · 1923
- Reed Bros. v. NicholsonMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.