Supreme Court of Missouri, 1858

McElhany v. McHenry

McElhany v. McHenry
Supreme Court of Missouri · Decided January 15, 1858 · Richardson
26 Mo. 174

McElhany v. McHenry

Opinion of the Court

Richardson, Judge,

delivered the opinion of the court.

The same irregularities appear in this record which were presented in McAdams v. McHenry, 22 Mo. 413. The cases are in all respects analogous. After judgment for costs had been rendered in favor of the defendant and against the plaintiff, a final judgment by default was rendered against the defendant without his appearance and without setting aside the former judgment.

The other judges concurring, the judgment will be reversed and the cause remanded.

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