Holder v. Chidister
| Decision Date | 12 March 1917 |
| Docket Number | No. 18272.,18272. |
| Citation | 193 S.W. 568 |
| Parties | HOLDER v. CHIDISTER. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Greene County; Arch A. Johnson, Judge.
Action by W. A. Holder against F. A. Chidister. There was judgment for plaintiff by default, which was set aside on defendant's motion, and plaintiff moved to set aside and vacate the order setting aside the default judgment in his favor, which motion was overruled, and plaintiff appealed to the Court of Appeals, which dismissed the appeal (177 Mo. App. 415, 162 S. W. 762), and plaintiff appeals. Appeal dismissed.
On December 15, 1912, plaintiff filed in the Greene county circuit court his petition, in which he claimed damages in the sum of $1,750, growing out of an automobile and land deal between himself and defendant. The case was returnable to the January term, 1913, of said court, and defendant was personally served with process more than 15 days before the first day of said January term.
On January 30, 1913, during the January term aforesaid, defendant having failed to answer, demur, or otherwise appear to said action the petition was taken as confessed, and the case submitted to the court upon the petition, and proof offered by plaintiff. Thereupon judgment was entered in favor of plaintiff on said 30th day of January, 1913, for $1,700, etc.
On February 8, 1913 during the January term aforesaid, defendant filed a motion, duly verified, to set aside the judgment aforesaid on account of the matters alleged therein, and which are not necessary to be repeated here.
On February 8, 1913, during said January term, the court heard the evidence of both parties relating to defendant's motion supra, sustained defendant's motion, and set aside plaintiff's judgment aforesaid. Thereupon defendant filed its answer, putting in issue the allegations of said petition, etc. On said February 8, 1913, plaintiff filed his motion to set aside and vacate the order setting aside the default judgment aforesaid, which said motion was overruled.
On said February 8, 1913, the following record entry was made by the trial court, caption omitted:
"Now on this day comes the plaintiff in the above-entitled cause by attorney and files herein his affidavit praying the court to grant him an appeal from the judgment rendered against him in the above cause, and all and singular same, being seen, heard, and fully understood, is by the court sustained, and an appeal is granted to the Springfield Court of Appeals as prayed for."
Plaintiff in due time filed his bill of exceptions, and in proper manner duly perfected his appeal to said...
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