Ault v. Bradley
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Jas. T. N.eville, Judge. (1) After a final judgment in the case the parties are out of court, and the necessity for their appearance is presumed to be at an end, and if the opposite party would take any further steps he must give his adversary notice and an opportunity to be present and to be heard. Caldwell v. Coleridge, 9 Mo. 358; Parker v. Johnson, 22 Mo.
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Appeal from Greene Circuit Court. — Hon. Jas. T. N.eville, Judge. (1) After a final judgment in the case the parties are out of court, and the necessity for their appearance is presumed to be at an end, and if the opposite party would take any further steps he must give his adversary notice and an opportunity to be present and to be heard. Caldwell v. Coleridge, 9 Mo. 358; Parker v. Johnson, 22 Mo. App. 516; Railroad v. County, 55 Mo. 162. The same view is taken by other courts. Wright v. LaClare, 3 Iowa 221; Delaplane v. Hitchcock, 6 Hill 14; Chester v. Miller, 13 Cal. 558; Perkins v.…
1Opinion of the CourtGantt, J.
This is an appeal from the judgment of the circuit court of Greene county on a motion for judgment upon the pleadings in the above-entitled cause. The action was commenced on the 29th of June, 1901, in the circuit court of McDonald county, Missouri, and the venue changed to Greene county. As the judgment was rendered upon the pleadings, it becomes essential that they should be reproduced in full. The petition, omitting caption, is as follows:
“Now comes the plaintiff in the above-entitled cause, and for his cause of action states that on the 23rd day of December, A. D. 1899, W. T. Walters, now…
2Cases cited5 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Phelps v. McNeelySupreme Court of Missouri · 1877
- Hundley v. FarrisSupreme Court of Missouri · 1890
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Irby v. GrahamMississippi Supreme Court · 1872
3Cited by10 opinions
- Baker v. BakerMissouri Court of Appeals · 1955
- Dougherty v. Manhattan Rubber Manufacturing Co.Supreme Court of Missouri · 1930
- In Re Adoption of Zartman v. AlfordSupreme Court of Missouri · 1933
- D'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- State v. SuttonSupreme Court of Missouri · 1911
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