Cavanaugh v. McColl
Missouri Court of Appeals
'Appeal from Jackson Circuit Court — Hon Frank G. Johnson, Judge. (1) That the purported judgment was taken during the absence of the defendant; taken two days after answer day and upon timely motions having been filed, supported by affidavits which admitted facts, the court abused its discretion in refusing to set aside said default. Sigaloff v. Breweries Co., 148 Mo.
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'Appeal from Jackson Circuit Court — Hon Frank G. Johnson, Judge. (1) That the purported judgment was taken during the absence of the defendant; taken two days after answer day and upon timely motions having been filed, supported by affidavits which admitted facts, the court abused its discretion in refusing to set aside said default. Sigaloff v. Breweries Co., 148 Mo. App. 452, 461; Pry v. Railroad, 73 Mo. 123; Robyn v. Chronicle, 127 Mo. 365; Hulbert v. Tredway, 159 Mo. 665; Hoffman v. London, 96 Mo. App. 184; Wilson v. Scott, 50 Mo. App. 329; Ennis et al. v. Hogan et al., 47 Mo. 513; Adams…
1Opinion of the CourtEllison, P. J.
Plaintiff instituted an action on a judgment he theretofore obtained against defendant in the State of Iowa. When the case was called for trial defendant did not appear and judgment by default was entered. During the term he appeared and filed a motion to set aside the default, which was overruled and final judgment being rendered against him, he appealed.
The ground of the motion was that the defendant was absent from the State ‘ ‘ at the time the cause was called for trial, and knew nothing about the failure of his counsel to file answer as required by the rules of this *258court.” And that his…
2Cases cited5 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Gehrke v. JodSupreme Court of Missouri · 1875
- Welch v. MastinMissouri Court of Appeals · 1903
- Crutcher v. Kansas City Viaduct & Terminal Railway Co.Missouri Court of Appeals · 1914
- Wilson v. ScottMissouri Court of Appeals · 1892
3Cited by2 opinions
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- In the Interest of R-, S- & TMissouri Court of Appeals · 1962