Christy's Administrator v. Myers
Supreme Court of Missouri
Error to St. Louis Circuit Court. ’This was an action upon a note. Judgment by default was rendered for want of an answer.
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Error to St. Louis Circuit Court. ’This was an action upon a note. Judgment by default was rendered for want of an answer. Afterwards, the defendant’s attorney filed a motion to set aside tbe default, and in support thereof, filed his affidavit, stating that an answer was prepared and sworn to by the defendant, denying the execution of the note, and left with him to be filed, but that he was detained in the country by sickness until it was too late to file the answer in time. The motion was sustained and leave granted to file an answer instanter. No answer being filed, another judgment by…
1Opinion of the CourtRyland , Judge
This case presents no question worthy of the consideration of this court. Were we to consider all the motions and affidavits which the clerk has thought proper to copy into' the transcript, as part of the record of this case, it would only present then the mere question of discretionary action on the part of the court below. We cannot see, in this case, an abuse of this discretion, calling for the action of this court for its correction. The matter of setting aside a judgment by default, upon the application of the attorney, for the failure to file an answer for his client, is so peculiarly…
2Cited by16 opinions
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- State v. BrennanSupreme Court of Missouri · 1901
- McNeil v. Home InsuranceMissouri Court of Appeals · 1888
- Swaggard v. HancockMissouri Court of Appeals · 1887
- Force v. Van PattonSupreme Court of Missouri · 1899
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