Owens v. Tinsley
Supreme Court of Missouri
Appeal from Platte Circuit Court. The case is stated in the opinion of the court. 1. The judgment should be reversed for the improper exercise of discretion by the Circuit Court. The defendant’s answer had been lost without his fault, and he was prevented by sickness from being present to file a new one ; and the court refused either to continue the case, or grant a rule for a perfect transcript.
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Appeal from Platte Circuit Court. The case is stated in the opinion of the court. 1. The judgment should be reversed for the improper exercise of discretion by the Circuit Court. The defendant’s answer had been lost without his fault, and he was prevented by sickness from being present to file a new one ; and the court refused either to continue the case, or grant a rule for a perfect transcript. (1 Mo. 529. 6 Mo. 544. 9 Mo. 18.) 2. No judgment by default could he rendered against the defendant. He was not in default. (1 Tidd’s Practice, 609.)
1Opinion of the CourtRyland, Judge
William A. Owens commenced his suit by petition against James Tinsley and James H. Tinsley, in the Clay Circuit Court, at the February term, 1852, upon a promissory note, for three hundred and ten dollars.
*424The record shows that, on the 19th day o£ August, 1852, the defendants filed their answer to the plaintiffs’ petition. The record also states that the “ answer is not found among the papers.” On the 10th November, 1852, the record shows that the plaintiff filed his replication to the defendants’ answer. The cause was then continued.
In April, 1853, on the petition of the defendants, the venue…
2Cited by8 opinions
- Blessing v. BlessingMissouri Court of Appeals · 1976
- Erhart v. ToddSupreme Court of Missouri · 1959
- Reynolds v. SmithSupreme Court of Florida · 1905
- Jones v. JonesMissouri Court of Appeals · 1915
- Hurck v. St. Louis Exposition & Music Hall Ass'nMissouri Court of Appeals · 1888
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