26 Mo. 174
Decided January 15, 1858
Supreme Court of Missouri · decided 1858-01-15
<p>1. After a judgment for costs is rendered against the plaintiff, it would he error to render a final judgment by default against the defendant without Ms appearance and without setting aside the former judgment.</p> <p>2. McAdams v. McHenry, 22 Mo. 413, affirmed.</p>
Cited by 1 later decisions — most recently October 1888
1 state decisions
Relies on McAdams v. McHenry
Good law ✅— No negative treatment on recordhow we know
Decided 1858-01-15
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¶1delivered the opinion of the court.
¶2The 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.
¶3The other judges concurring, the judgment will be reversed and the cause remanded.