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35 Mo. 481

Salisbury v. Wright

Supreme Court of Missouri

Decided March 15, 1865

Supreme Court of Missouri · decided 1865-03-15

<p>Practice. — No point saved for the action of the court.</p>

Cited by 1 later decisions — most recently December 1941

1 state decisions

Key passage — most relied on by later courts

“. “In this case the defendants below moved the court to set aside the judgment by default, because of the insufficiency of the service of the process on two of the defendants. The refusal of the court to sustain his motion is the only error assigned. The decision upon the motion was not excepted to. There is no bill of exceptions in the record. There is therefore no ground for the interference of the court. Let the judgment be affirmed. Judge Day concurs.””

quoted by 1 later decision, including 236 Mo. App. 819 - Hinkley v. Little

Good law ✅— No negative treatment on recordhow we know

Decided 1865-03-15

View the full empirical analysis of this case →

Dryden, Judge

¶1delivered the opinion of the court.'

¶2In this case the defendants below moved the court to set aside the judgment by default, because of the insufficiency *482of the service of the process on two of the defendants. The refusal of the court to sustain his motion is the only error assigned. The decision upon the motion was not excepted to. There is no bill of exceptions in the record. There is therefore no ground for the interference of this court.

¶3Let the judgment be affix’med.

Judge Bay concurs.
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