Harkness v. Jarvis
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The motion to set aside the default is defective. - (a) It should state that defendant has been advised by counsel that he has a meritorious defense. An affidavit on a motion to set aside a judgment by default, stating that defendant was advised, etc., without stating that he was advised by counsel, is not sufficient. Lecompte v. Wash, 4 Mo. 557; 1 Enc.
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Transferred from Kansas City Court of Appeals. (1) The motion to set aside the default is defective. - (a) It should state that defendant has been advised by counsel that he has a meritorious defense. An affidavit on a motion to set aside a judgment by default, stating that defendant was advised, etc., without stating that he was advised by counsel, is not sufficient. Lecompte v. Wash, 4 Mo. 557; 1 Enc. PI. and Pr., 360. (b) The facts constituting the defense are not set forth in the motion. In an application to set aside a default and to be permitted to answer on the ground of a meritorious…
1Opinion of the CourtFox, J.
In pursuance of the provisions of the Constitution, this cause was certified to this court by the Kansas City Court of Appeals, for the reason that the opinion by that court, and the conclusions reached, are in conflict with the decisions of the St. Louis Court of Appeals in Head v. Randolph, 83 Mo. App. 284. The opinion of the Kansas City Court of Appeals correctly and fairly states the case from which arises the most important legal, proposition in this cause; it is brief and we adopt it, and here reproduce it:
“Plaintiffs brought this action returnable to the January, 1901, term to recover…
2Cases cited7 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Ensor v. SmithMissouri Court of Appeals · 1894
- Longdon v. KellyMissouri Court of Appeals · 1892
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3Cited by32 opinions
- Whitledge v. Anderson Air Activities, Inc.Supreme Court of Missouri · 1955
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Parks v. CoyneMissouri Court of Appeals · 1911
27 more not listed; retrieve them via the Exa API.