Perry v. Carthage Stone Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon David E. Blair, Judge. (1) Where a party has a meritorious defense and uses a reasonable degree of diligence in making it, that is all that is necessary to justify a trial court in setting aside a judgment by default. Currey y. Zinc, Lead & Smelting Co., 157 Mo. App. 423; Parks v. Coyne, 155 Mo.
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon David E. Blair, Judge. (1) Where a party has a meritorious defense and uses a reasonable degree of diligence in making it, that is all that is necessary to justify a trial court in setting aside a judgment by default. Currey y. Zinc, Lead & Smelting Co., 157 Mo. App. 423; Parks v. Coyne, 155 Mo. App. 394; Adams v. Hickman, 43 Mo. 171; Scott v. Smith, 133 Mo. 618. (2) Under all the facts and the law the default judgment should have been set aside. Hulbert v. Tredway, 159 Mo. 665; Knupp v. Miller, 133 Mo. App. 256; Wells v. Andrews,…
1Opinion of the CourtBobebtson, P. J.
—An action was brought by the plaintiff, as we gather from the statements of the appellant and the respondent, to recover $4000 from the . defendant as damages .on account of personal injuries received while in the employment of the defendant as night sawyer in its stone saw mill, which injuries were occasioned by defective machinery and appliances negligently permitted by the defendant to become out of repair and dangerous, and rendering the place in which plaintiff was required to work unsafe.
The case was returnable to the November term, 1911, when a firm of attorneys, representing an…
2Cases cited2 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Colter v. LukeMissouri Court of Appeals · 1908
3Cited by3 opinions
- Carthage Stone Co. v. Traveler's InsuranceMissouri Court of Appeals · 1914
- Oxley v. OxleyMissouri Court of Appeals · 1947
- Welsh v. WelshMissouri Court of Appeals · 1986