235 Mo. App. 1094 - Cannon v. Nikles’s Empirical Analysis
1941
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 2004
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Donaldson v. Allen · State ex rel. Henson v. Sheppard · State ex rel. Brady v. Evans · Berlin v. Thompson · Steamboat Blue Ridge v. Steamboat Time
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The record clearly discloses culpable negligence on the part of appellant in failing to present his motion to the trial court. However, regardless of the aforesaid fact, the question as to whether or not there was error committed by the court in rendering default judgment before passing upon the motions, is not answered. This is so for the reason that the fact of appellant’s neglect can not correct a procedural error, if any, on the part of the court. In the case at bar it could easily have been ascertained that the defendant had an answer and an application for change of venue on file. The court after acquiring the actual status of the record could as rightfully act with sound discretion as to matter of gross negligence in failure of presentation by defendant of his application, and under the same rules as would justify the rendering of a default judgment could have ruled adversely on defendant’s application and thus by orderly and legal procedure accomplish the same purpose that was accomplished erroneously- We feel it well to admonish that appellate courts look with favor on trial on merits and with disfavor when default judgments are not set aside. Judges of both trial and appellate courts should keep in mind that they were lawyers too once and in the exercise of sound discretion must realize that lawyers are sometimes afflicted with procrastination and, to an end of justice, we should avoid, if at all compatible with orderly procedure, visiting the sins of the advocate ”
1 later decision quote this exact passage““We do not intend herein to determine the question of whether or not the application for change of venue should have been granted. As we view the record, that question is not before us. The trial court did not grant the change, nor did he refuse it. We think the record discloses that he failed to consider it. At any rate, the application was not disposed of. What we have said in preceding paragraphs has been said merely to demonstrate that the application for change of venue was properly before the court for its judicial consideration and disposition. In this case the court should have ruled the application before proceeding to hear the case. The court erred in rendering final judgment against defendant at a time when there was pending, undisposed of, an application for change of venue. It follows that the defendant’s motion to set aside the default judgment should have been sustained.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.