Hill v. Bell
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. H. 0. O’Bey an, Judge. (1) The court committed error in refusing to sustain plaintiff’s motion for a default against defendant Tistadt. This motion was made at the opening of the trial and renewed at the close of plaintiffs’ evidence, and should not have been overruled.
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Appeal from Pemiscot Circuit Court. — Hon. H. 0. O’Bey an, Judge. (1) The court committed error in refusing to sustain plaintiff’s motion for a default against defendant Tistadt. This motion was made at the opening of the trial and renewed at the close of plaintiffs’ evidence, and should not have been overruled. “When a party fails to plead to the action, judgment should be taken against him by default, and not be submitted to a jury to try the issues, because there was no issue joined, and unless he appears and pleads the presumption is that he has no defense, and the plaintiff is entitled…
1Opinion of the CourtBlack, J.
The plaintiffs are partners doing business in St. Louis as cotton factors and commission merchants, under the name of Hill, Fontaine & Co. They brought this suit by attachment against Robt. L. Bell and Charles Tistadt, on the fourth of February, 1889, to recover some $10,000 for goods sold and moneys advanced defendants. The amended affidavit for attachment places the indebtedness at $6,105, because of a payment made. It sets out four or five grounds of attachment, one being “that defendants have fraudulently concealed, removed and disposed of their property and effects, so as to hinder and…
2Cases cited2 opinions
- Staats v. . BristowNew York Court of Appeals · 1878
- Moore v. OtisSupreme Court of Missouri · 1854
3Cited by6 opinions
- Carl v. GabelSupreme Court of Missouri · 1894
- Cowan v. LemingMissouri Court of Appeals · 1905
- State ex rel. Bell v. HillMissouri Court of Appeals · 1894
- Vincent v. ViethsMissouri Court of Appeals · 1894
- Guinta v. Jack Daniels Distilling Co.Missouri Court of Appeals · 1922
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