Martin v. St. Charles Tobacco Co.
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. The circuit court in the exercise of a wise discretion may set aside or vacate interlocutory judgments or judgments by default upon merits and due diligence shown.
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Appeal from the St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. The circuit court in the exercise of a wise discretion may set aside or vacate interlocutory judgments or judgments by default upon merits and due diligence shown. Eevised Statutes, 1889, secs. 2210,.2211, 2212. This discretion is, however, subject to review and control by the appellate courts, and, if such judgment has been set aside without a showing of due diligence or the discretion of the court has been unjustly, arbitrarily or oppressively exercised, the appellate courts will reverse for this reason. Weimer v.…
1Opinion of the CourtRombauer, P. J.
— The defendant is a manufacturer, and the plaintiff was at the dates hereinafter stated its traveling salesman. The plaintiff brought suit to the March term, 1891, of the St. Charles circuit court to recover from the defendant a balance alleged to be due to him for commissions. The defendant answered at the same term generally, denying the plaintiff’s petition and setting up a counter-claim. At the September term of the court the case was called for trial, and, the plaintiff not appearing, the defendant submitted evidence on its counter-claim. The court thereupon *657rendered judgment in favor…
2Cases cited11 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Downing v. StillSupreme Court of Missouri · 1869
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Ashby v. GlasgowSupreme Court of Missouri · 1842
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3Cited by5 opinions
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- Citizens Bank v. MartinMissouri Court of Appeals · 1913