Gate City Bank v. Strother
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Now-. A. G. Southern, Judge. (1) An irregularity, in the meaning of the law, may be said to be want of adherence to some prescribed rule or method of procedure consisting either in omitting1 to do something that is necessary for the due and orderly conduct of the suit, or in doing it at an unreasonable time, or in an improper manner. Cross v. Gould, 131 Mo.
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Appeal from Jackson Circuit Court.—Now-. A. G. Southern, Judge. (1) An irregularity, in the meaning of the law, may be said to be want of adherence to some prescribed rule or method of procedure consisting either in omitting1 to do something that is necessary for the due and orderly conduct of the suit, or in doing it at an unreasonable time, or in an improper manner. Cross v. Gould, 131 Mo. App. 595; Tidds Practice (4 Ed.), 512; Downing v. Still, 43 Mo. 3091; Clouser v. Noland, 72 Mo. App. 217-19; Reed Bros. v. Nicolson, 93- Mo. App. 29-35. (2) There are a great number of irregularities for…
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is founded on a promissory note for $375 with eight per cent interest from maturity, with a provision for ten per cent of the amount in addition for expense of collection and attorneys fees. Defendant filed an answer consisting of a general denial. Afterwards, on the 20th of November, 1913, the case was called for trial and defendant did not appear; whereupon, a jury being waived by the plaintiff, the trial court rendered judgment for it by default, for $432, which included interest, and ten per cent in addition, presumably for attorneys ’ fees and cost of collection,…
2Cases cited4 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- Oliphant v. WhitneyCalifornia Supreme Court · 1867
- Norman v. HookerSupreme Court of Missouri · 1865
3Cited by3 opinions
- Klein v. RappaportDistrict of Columbia Court of Appeals · 1952
- McGinnis v. BeattyWyoming Supreme Court · 1922
- Eubanks v. Missouri National Life InsuranceMissouri Court of Appeals · 1930