Branstetter v. Rives
Supreme Court of Missouri
Appeal from Ray Circuit Court. I. Rives had the right to plead to the petition on or before the sixth day of the term, (Prac. Act, 2 R. C. 1230, § 5,) and the judgment having been rendered against him on the fourth day was irregular and should have been set aside. II. This judgment having been irregular, it was the duty of tlie court to set it aside, although the motion for that purpose was not made until the succeeding term. (Stacker v. Cooper Cir.
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Appeal from Ray Circuit Court. I. Rives had the right to plead to the petition on or before the sixth day of the term, (Prac. Act, 2 R. C. 1230, § 5,) and the judgment having been rendered against him on the fourth day was irregular and should have been set aside. II. This judgment having been irregular, it was the duty of tlie court to set it aside, although the motion for that purpose was not made until the succeeding term. (Stacker v. Cooper Cir. Court, 25 Mo. 401; id. 352.) This may be done within three years after such irregular judgment is ¡rendered. (R. C. 1855, p. 1290, § 26.) If the…
1Opinion of the CourtBay, Judge
The respondent, Mary E. Branstetter, brought suit in the Ray Circuit Court against Benjamin A. Rives and C. A. Matldns, on a promissory note. The process was returnable to the March term, 1862, and was served on Rives by leaving a copy of the petition aud writ at his usual place of abode, with a white person of the family over the age of fifteen *321years, on the fourth day of the term; and before the expiration of the time allowed by the statute to the defendants to appear and answer the petition, judgment was rendered against them. At the September term following, (Rives having in the meantime…
2Cases cited2 opinions
- Doan v. HollySupreme Court of Missouri · 1858
- Payne v. CollierSupreme Court of Missouri · 1840
3Cited by22 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Bonaparte v. StateCourt of Appeals of Maryland · 1885
- Jones v. HartSupreme Court of Missouri · 1875
- Showles v. FreemanSupreme Court of Missouri · 1884
- Ealy v. McGahenNew Mexico Supreme Court · 1933
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