Tucker v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. I. The court exercised its discretion unsoundly in its refusal to set aside the judgment by default, and appellant has suffered positive injustice thereby. (Nordrnanser vs. Hitchcock, 40 Mo., 178; Kribben vs. Eckelkamp, 84 Mo., 480; Florez vs. Uhrig’s, Adm’r, 35 Mo., 519; Frazier vs. Bishop, 29 Mo., 447.) I. The judge has nothing whatever to do with the setting of the docket; that is expressly given to the clerk. II.
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Appeal from Montgomery Circuit Court. I. The court exercised its discretion unsoundly in its refusal to set aside the judgment by default, and appellant has suffered positive injustice thereby. (Nordrnanser vs. Hitchcock, 40 Mo., 178; Kribben vs. Eckelkamp, 84 Mo., 480; Florez vs. Uhrig’s, Adm’r, 35 Mo., 519; Frazier vs. Bishop, 29 Mo., 447.) I. The judge has nothing whatever to do with the setting of the docket; that is expressly given to the clerk. II. Defendant’s attorney made no effort to get correct information from the proper source as to the time when the case was set. It is either a…
1Opinion of the CourtVories, Judge
This action was brought by the respondent against the appellant before a justice of the peace on the following account:
“ St. Louis, Kansas City and Northern Railway Company, in account with Dr. P. H. Tucker. For surgical and medical treatment of Jerome Dollihan, at the hotel in High Hill, Montgomery county, Missouri, as wounded on the sixth day of March, 1872, the cars running over and fracturing his leg, so that amputation was necessary.
March 6th, to March-, 1872,
To surgical and medical treatment of Jerome Dollihan, $75.00.”
A trial was had before the justice, where the plaintiff recovered a…
2Cases cited2 opinions
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Kribben v. EckelkampSupreme Court of Missouri · 1864
3Cited by17 opinions
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
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