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24 Mo. 40

Jacob v. McLean

Supreme Court of Missouri

Decided October 15, 1856

Supreme Court of Missouri · decided 1856-10-15

Louis Circuit Court. This was a suit brought by an endorsee of a bill of exchange against the acceptor. Defendant, in his answer, set up a want or failure of consideration; also denied the endorsements. When the case was called for trial, the defendant not being present, it was submitted to the court upon proof of the several endorsements, and the court found for plaintiff, and rendered judgment accordingly.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-10-15

How this case has been cited

Cited by 11 later decisions — most recently May 1910

11 state decisions

301856186018701880189019001910decided

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.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2If the ground on wbicb this application for a new trial is asked be sustained, it would be almost impossible to do the business of the St. Louis courts. If, because counsel is engaged in one court, the business of another court, where his presence is required, is to be delayed, it is easy to see that no dispatch could be used in the disposition of causes. The courts below, where the business of suitors is done in the first instance, must be the judges how far the counsel may be tolerated in absenting themselves. This court, sitting in St. Louis, sees that, if the absence of counsel in other courts would be a sufficient reason for putting off the trial of causes, there would be no use in going through the formality of opening court. Judges and suitors might wait all day until counsel could find time to attend. The due administration of justice will be best promoted by leaving such things to the discretion of the court of original jurisdiction. Where those courts interfere and give relief against judgments obtained in the absence of counsel, we feel no disposition to prevent their so doing ; but when a party seeks to substitute the discretion of this court for that of the court below, and to give relief under circumstances which, in the discretion of that court, do not entitle him to it, he must present a strong case.

¶3The other judges concurring, the judgment will be affirmed.

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