John O'Brien Boiler Works Co. v. Home, Brewing & Ice Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two — Mon. J. D. Perkins, Judge. (1) The attorneys for defendant abandoned the defense of the cause without notice to such client.
Read the full summary
Appeal from Jasper County Circuit Court, Division Number Two — Mon. J. D. Perkins, Judge. (1) The attorneys for defendant abandoned the defense of the cause without notice to such client. Under such, circumstances, even though there was a mistake between the client and the attorneys as to the construction of the letter written by defendant’s president, the rule is that a judgment by default should be set aside and a new trial granted providing the defendant has a good defense. Hall v. McConey, 152 Mo. App. 1. (2). Where a good defense is shown and a reasonable excuse for delay is shown, the…
1Opinion of the Court
ROBERTSON, P. J.-
On March 28, 1914, plaintiff filed a petition in the circuit court of Jasper county wherein it was alleged that the defendant was indebted *93to it, on account of boilers sold, in the sum of $2152.94. At the return term defendant appeared, filed an answer consisting of a general denial and the cause was continued to the September term and at that term, on September 20, 1914, a judgment by default was taken by the plaintiff. October 30, 1914, during the same term of court, the defendant filed a motion to set aside the default judgment. On the eleventh day of the following month…
2Cases cited2 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Citizens Bank v. MartinMissouri Court of Appeals · 1913
3Cited by2 opinions
- Lester v. DyerMissouri Court of Appeals · 1974
- Hernandez v. Westoak Realty & Investment, Inc.Missouri Court of Appeals · 1979