Halsey v. Meinrath
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) “Nothing is better settled than that, after the term at which a final judgment is rendered, the court cannot interfere with it. Brewer v. Binwiddie, 25 Mo. 351; Harbor v. Railroad, 32 Mo. 426; Mann v. Warner, 22 Mo. App. 581; Blanchard v. Wolff, 6 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) “Nothing is better settled than that, after the term at which a final judgment is rendered, the court cannot interfere with it. Brewer v. Binwiddie, 25 Mo. 351; Harbor v. Railroad, 32 Mo. 426; Mann v. Warner, 22 Mo. App. 581; Blanchard v. Wolff, 6 Mo. App. 204. (2) Even if the plaintiff was only entitled to his salary and expenses for living during a period of two months and twenty-three days, it cannot be said that the petition under no conceivable circumstances would support the judgment, and that the judgment was…
1Opinion
on rehearing.
2Per curiam
— Defendant contends that the judgment rendered in the cause was a judgment by default and that since there was an answer on file consisting of a general denial such judgment was erroneous. The facts were that an answer was filed by defendant, but when the case was called for trial he failed to appear. The court thereupon heard the petition and the evidence and rendered the following judgment: “Now at this day, this cause coming on to be heard, comes plaintiff in person and by attorney, and defendant, who has been lawfully summoned, comes not, but makes default; thereupon the…
3Cases cited4 opinions
- Maddox v. PulliamIndiana Supreme Court · 1839
- Ruch v. JonesSupreme Court of Missouri · 1863
- Sheldon v. StrykerNew York Supreme Court · 1861
- Terrell v. State ex rel. RootIndiana Supreme Court · 1879