Missouri Appeal Reports Volume 121

Missouri Appeal Reports Volume 121

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...21 N. E. (Mass.) 313; Sawyer v. Pickett, 1.9 Wall. 146; Cooper v. Schlesinger, 111 U. S. 383; Stewart v. Cattle Co., 126 U. S. 383. GOODE, J.--On May 18, 1904, the defendants in this suit recovered a judgment by default against plaintiffs before a justice of the peace in the city of St. Louis, for $575. The present proceeding is in equity to have said judgment before the justice set aside, its collection restrained and for a hearing of the case by the justice on the merits. The ground on which this relief is sought is that the judgment was procured by fraud and deceit and in violation of an express'stipulation made by the attorney for defendants with plaintifis and their attorney. The facts are that the cause was set for trial before the justice, in the first instance, on April 18, 1904. The attorney for defendants (plaintifl"s in the other action) requested a continuance of the cause, of the attorney for the Steyermarks. He would not agree to a continuance without the consent of his clients and referred. defendants' attorney to them. Said attorney saw Steyermark and after a parley between the two, an agreement was reached that the cause before the justice should be continued from April 18th until after Mr. Steyermark, who was about to leave St. Louis for several weeks, had returned. As to this agreement the parties concur. But Mr. Steyermark and his attorney testified to another stipulation; to-wit, that after Steyermark had returned defendants' attorney should have the cause set down for trial and notify plaintiffs, or their attorney, of the date. Defendants' attorney testified to the contrary, and that there was no understanding he should notify plaintiffs of the date of the trial. The case was set for May...
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Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236853725
  • 9781236853721