Reed Bros. v. Nicholson
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — lion. H. G. Pepper, Judge. .(1) Defendant’s motion to set aside plaintiffs’ original judgment procured in August, 1896, was passed on at the next term,-the substance of said motion was that service was not had on defendant thirty days before the first day of the said August term of said court, and that plaintiffs’ action was not such an action as was triable on fifteen days’ notice, and, therefore, plaintiffs were not entitled to final…
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Appeal from Lawrence Circuit Court. — lion. H. G. Pepper, Judge. .(1) Defendant’s motion to set aside plaintiffs’ original judgment procured in August, 1896, was passed on at the next term,-the substance of said motion was that service was not had on defendant thirty days before the first day of the said August term of said court, and that plaintiffs’ action was not such an action as was triable on fifteen days’ notice, and, therefore, plaintiffs were not entitled to final judgment until the February term, 1897, which was the next succeeding term thereafter and the term at which defendant’s…
1Opinion of the CourtBarclay, J.
The appeal in this case is from an order reinstating a judgment and vacating an earlier order which set aside a prior judgment. The material facts leading up to the last order are these: ,
In July, 1896, plaintiff brought an action in the circuit court of Lawrence county against defendant to1 obtain judgment upon a written instrument styled therein “a promissory note” the terms of which were as follows:
“$360.00 “Halltown, Mo., Oct. 15, 1895.-
“Six months after date I promise to pay to J. A. Fretwell or bearer, three hundred and sixty dollars, at any bank in Mt. Vernon, Mo., for value received,…
2Cases cited13 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Rogers v. WatrousTexas Supreme Court · 1852
- Branstetter v. RivesSupreme Court of Missouri · 1864
- Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kelso v. W. A. Ross Construction Co.Supreme Court of Missouri · 1935
- Cross v. GouldMissouri Court of Appeals · 1908
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Fisher v. FisherMissouri Court of Appeals · 1905
- Stulz v. LentinMissouri Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.