Smith v. Best
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. I. The instruments sued on were notes. (McGowan v. West, 7 Mo. 564; Brady et al. v. Chandler, 31 Mo. 28.) II. The judgment of October 17,1866, on the notes, was regular, and was taken at the proper time; and, no fraud or legal surprise being shown, the court erred in setting it aside. (7 Mo. 22; 19 Mo. 184.) HI.
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Appeal from Buchanan Court of Common Pleas. I. The instruments sued on were notes. (McGowan v. West, 7 Mo. 564; Brady et al. v. Chandler, 31 Mo. 28.) II. The judgment of October 17,1866, on the notes, was regular, and was taken at the proper time; and, no fraud or legal surprise being shown, the court erred in setting it aside. (7 Mo. 22; 19 Mo. 184.) HI. The first motion to set the judgment aside being withdrawn at the next term after the judgment was -rendered, and another motion being filed afterward, the court had no right to set aside the judgment. The power of the court to interfere…
1Opinion of the CourtFagg, Judge
This cause is brought here by appeal from the Fifth District Court. The suit was instituted in the Buchanan Court of Common Pleas, in August, 1866, and made returnable to the September term of that court.
On the third day of the term, the respondent having failed to enter his appearance and plead to the action, a final judgment was entered against him. A motion to set aside this judgment and permit him to answer was filed within the proper time, but con-*187tinned over until the next term. The record shows that during that term, and on the 8th day of January, 1867, this motion was withdrawn; and…
2Cases cited4 opinions
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Doan v. HollySupreme Court of Missouri · 1858
- Lawther v. AgeeSupreme Court of Missouri · 1864
- Brewer v. DinwiddieSupreme Court of Missouri · 1857
3Cited by11 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Arnold v. StateWyoming Supreme Court · 1957
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Wilson v. BoughtonSupreme Court of Missouri · 1872
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