Campbell v. Garton
Supreme Court of Missouri
Error to Pettis Circuit Court. The facts sufficiently appear in the opinion of the court. The petition should have been granted. The defendant never appeared to the action. The petition sets forth all the facts required by the statute. The motion to set aside the interlocutory judgment was not an appearance. There was no negligence on the part of defendant.
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Error to Pettis Circuit Court. The facts sufficiently appear in the opinion of the court. The petition should have been granted. The defendant never appeared to the action. The petition sets forth all the facts required by the statute. The motion to set aside the interlocutory judgment was not an appearance. There was no negligence on the part of defendant. In addition to the facts set forth as required by the sixteenth section of the twelfth article, the petition embraces other good cause for setting aside the judgment, the discovery of new and material evidence. (Sto. Eq. PL § 404, 413 ; 2…
1Opinion of the CourtEwing, Judge
Defendant in error sued plaintiff in error in ejectment, in which there was personal service on the defendant, and judgment by default rendered at the November term, 1857, which was made final at the next regular term thereafter. On the same day plaintiff in error filed his motion to set aside the judgment by default and for leave to file an answer, which was overruled. The motion was based on an alleged mistake or misunderstanding of counsel, to whom plaintiff in error had spoken, and who failed to file an answer. The motion was not supported by affidavit. At the April term, 1858, the…
2Cases cited4 opinions
- Field v. MatsonSupreme Court of Missouri · 1844
- Weimer v. MorrisSupreme Court of Missouri · 1841
- Smith v. WillingSupreme Court of Missouri · 1847
- Charlotte v. ChouteauSupreme Court of Missouri · 1847
3Cited by11 opinions
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Cole v. ColeMissouri Court of Appeals · 1901
- State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
- Eidemiller v. KumpSupreme Court of Missouri · 1875
- Levy v. GoldbergWisconsin Supreme Court · 1876
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