30 Mo. 248
Decided March 15, 1860
Supreme Court of Missouri · decided 1860-03-15
Louis Circuit Court. This was an action for an assault and battery. The defendant demurred to the petition. The demurrer was overruled, and a judgment by default rendered against defendant, and an assessment of damages was had. The defendant moved the court to set aside the judgment and grant a new trial.
Cited by 1 later decisions — most recently December 2006
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Decided 1860-03-15
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¶1delivered the opinion of the court.
¶2We have not been able to perceive in the record any reason for refusing the defendant a trial in this case by the circuit court, but it is obvious that we can not remedy the injustice, if any has been done. Since the rendition of the j-udgment the plaintiff has died, and to set aside the judgment now is of course equivalent to a dismissal of the suit.
¶3Judgment affirmed.