Edwards v. Watkins
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. It is error to permit a default to be taken after answer allowed to be filed. In sucb a case, there is no failure to answer, within the meaning of the statute. In this case, the answer was filed before default taken.
1Opinion of the CourtGamble, Judge
1. Edwards sued Watkins on a negotiable promissory note, made by Watkins to one Keller, and endorsed to plaintiff. The writ was returnable to the September term, 1851, but being served too late for that term, it became a return to the February term following. At the September term, the defendant appeared and asked time to answer, which was extended to the fourth of October. No answer was filed at that term, but at the February term, after the time for answering had expired, the plaintiff took a judgment for want of an answer. On the day this judgment was taken, an answer appears, to have been…
2Cited by2 opinions
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Moore v. DawsonMissouri Court of Appeals · 1922