Hurck v. St. Louis Exposition & Music Hall Ass'n
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. It has been held that it is no abuse of discretion to proceed with the trial of a case when an attorney is engaged in another court. Guffin v. Vail, 56 Mo. 311. It will be observed that, in both this case and that of Jacob v. McLean, -cited by Judge Adams in his opinion, the defendant -was not in court, and no reason was given for his absence.
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. It has been held that it is no abuse of discretion to proceed with the trial of a case when an attorney is engaged in another court. Guffin v. Vail, 56 Mo. 311. It will be observed that, in both this case and that of Jacob v. McLean, -cited by Judge Adams in his opinion, the defendant -was not in court, and no reason was given for his absence. Had he been present he might, as Judge Nap ton remarked, have employed other counsel to represent him. Notwithstanding these decisions, adverse to the appellant in these particular…
1Opinion of the CourtRombauer, J.
This appeal is prosecuted by the plaintiff from a judgment overruling his motion to reinstate the cause. The action was originally brought before a justice of the peace, where the plaintiff recovered judgment for nine dollars and costs. From this judgment the plaintiff appealed, and on retrial in the circuit court recovered judgment for thirty dollars and costs. This amount being less than he claimed he moved to vacate the judgment, and it was vacated on his motion, as we must assume, upon a sufficient showing.
The case was then set for retrial at a subsequent term. When it was called for…
2Cases cited5 opinions
- Jones v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1874
- Hanel v. FreundMissouri Court of Appeals · 1885
- Owens v. TinsleySupreme Court of Missouri · 1855
- Bobb v. TaylorSupreme Court of Missouri · 1874
- Blanchard v. HuntMissouri Court of Appeals · 1885
3Cited by6 opinions
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- Erhart v. ToddSupreme Court of Missouri · 1959
- Jones v. JonesMissouri Court of Appeals · 1915
- Union Loan, Storage & Mercantile Co. v. FarbsteinMissouri Court of Appeals · 1910
- J. H. Rottman Distilling Co. v. Van FrankMissouri Court of Appeals · 1901
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