Curtiss v. Bell
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Hon. Andrew F. Evans, Special Judge. (1) The motion does not attempt to show diligence on the part of the defendant in attending to the case, neither does it state any facts from which the court could determine whether or not the defendant had a meritorious defense to the cause of action stated in plaintiff’s petition and that the defendant would be benefited by the court sustaining the motion.
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Appeal from Jackson Circuit Court.— Hon. Andrew F. Evans, Special Judge. (1) The motion does not attempt to show diligence on the part of the defendant in attending to the case, neither does it state any facts from which the court could determine whether or not the defendant had a meritorious defense to the cause of action stated in plaintiff’s petition and that the defendant would be benefited by the court sustaining the motion. Campbell v. Gaston, 29 Mo. 345; Biebinger v. Taylor, 64 Mo. 63; Carr v. Dawes, 46 Mo. App. 359; Byers v. Jacobs, 164 Mo. 141. (2) The judgment was regularly taken…
1Opinion of the CourtBroaddus, P. J.
This is an appeal from the action of the court setting aside a judgment by default. On the 26th day of December, 1906, the plaintiff instituted the action for a dissolution of the partnérship and for an accounting. Summons was duly served upon the defendant returnable to the January term of the circuit court of Jackson county, to be held at Kansas City. The case was regularly docketed, and on, the 4th day of April, 1907, at which time a sitting of all court cases was made .whether contested or uncon*248tested, at which time plaintiff answered that he was ready for trial, and the court placed the…
2Cases cited8 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
- Campbell v. GartonSupreme Court of Missouri · 1860
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3Cited by5 opinions
- Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Oxley v. OxleyMissouri Court of Appeals · 1947
- Brown v. CurtissMissouri Court of Appeals · 1911
- Holcomb v. MaysMissouri Court of Appeals · 1919
- Dee v. DeeMissouri Court of Appeals · 1957