Schroeder v. Miller
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The court erred in not setting aside the judgment by default under the facts disclosed by the affidavits in this case.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The court erred in not setting aside the judgment by default under the facts disclosed by the affidavits in this case. Obermeyer v. Einstein, 62 Mo. 841; Cooney v. Murdock, 54 Mo. 849; Castlio v. Bishop, 51 Mo. 162. The court erred in holding itself bound by rule 9 of the practice of the circuit court of the city of St. Louis, and for refusing to exercise or use any discretion in the matter to set aside the judgment by default. Saulsbury v. Alexander, 1 Mo. App. 209. It appears from the transcript that no motion for…
1Opinion of the CourtRombauer, P. J.
The plaintiff recovered a judgment by default and final judgment against the defendant, on a promissory note executed by the latter, on April 5, 1888, being the third day of the return term, and caused execution to be issued on the judgment forthwith.
On April 10, the defendant filed his motion to vacate the judgment, and quash the execution, supporting his motion by affidavits to the effect that the plaintiff, in consideration of part payment made to him after the institution of the suit, had agreed not to prosecute the suit, but to dismiss it at his own costs. The defendant filed a counter…
2Cases cited4 opinions
- Bond v. WorleySupreme Court of Missouri · 1858
- Bircher v. PayneSupreme Court of Missouri · 1842
- Bridge v. TiermanSupreme Court of Missouri · 1865
- Saulsbury v. AlexanderMissouri Court of Appeals · 1876
3Cited by1 opinion
- Moore v. DawsonMissouri Court of Appeals · 1922