Green v. Goodloe
Supreme Court of Missouri
Appeal from the St. Louis Circuit Court. The appellant maintains that the court below ought not to have overruled his motion to set aside the judgment rendered against him by the court below for want of a plea, and to grant him leave to plead issuably to the merits instanter» and relies on the following positions: 1. That the affidavit of the defendant below shows a good cause for setting the judgment aside. Stat. of Mo. p. 460, s. 31; I Tidd’s Practice, 507-8 : 3 Chit.
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Appeal from the St. Louis Circuit Court. The appellant maintains that the court below ought not to have overruled his motion to set aside the judgment rendered against him by the court below for want of a plea, and to grant him leave to plead issuably to the merits instanter» and relies on the following positions: 1. That the affidavit of the defendant below shows a good cause for setting the judgment aside. Stat. of Mo. p. 460, s. 31; I Tidd’s Practice, 507-8 : 3 Chit. Gen. Practice, 680, 681. 2. The affidavit shows that the defendant below used due diligence to avail himself of his defence.…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
Goodloe sued the appellant by petition in debt on two promissory notes. The defendant was personally served with process, and on the third day of the return term (July 22) judgment was rendered against him by default. The court adjourned over from the sixth day of August until the 24th of the same month, when the defendant filed an affidavit and moved the court to set aside the judgment by default, and grant him leave to plead issuably to the merits instanter, which motion the court on a subsequent day considered and overruled. To this decision of the…
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