[DOWNLOAD] "Haydn Owens and Nancy Owens v. Evelyn" by Southern District, Division Two Missouri Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Haydn Owens and Nancy Owens v. Evelyn
• Author : Southern District, Division Two Missouri Court of Appeals
• Release Date : January 06, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant failed to appear at the time set for trial and a judgment was taken against her. She requested a writ of error coram nobis to set aside the judgment because she did not receive notice of the trial setting. The request was denied and she appealed. Plaintiffs filed a motion to dismiss the appeal contending that the notice of appeal was not timely filed. The motion was taken with the case and is now denied. The time for giling the notice of appeal would ordinarily have expired the day before the notice was filed. However, that day was a legal holiday and the notice filed the next day was timely. Rule 44.01(a). Plaintiffs sued defendant and her husband, now deceased, claiming that they misrepresented the size of a tract of Camden County land they sold in 1971 to plaintiffs. In part payment plaintiffs executed two notes, the payment of which was secured by deeds of trust on the property. Defendant and her husband were living in Glen Ellyn, Illinois when suit was filed in 1973. They hired an attorney and an answer was filed in their behalf. In 1974 defendant and her husband moved to Galena, Illinois. On February 27, 1976, their attorney sent a letter to them at Glen Ellyn stating that because of health reasons he had to withdraw. He enclosed with it his file on the matter. A copy of that letter was apparently sent to plaintiffs' attorney. The letter was returned by the postal authorities with the explanation that no forwarding order was on file. On March 21, 1976, defendant's attorney sent a letter to her at Galena again enclosing his file together with a copy of his letter of February 27, 1976. Defendant received this letter. The attorney (now deceased) requested permission of the court to withdraw by motion filed August 31, 1976. On that day an order was entered allowing him to withdraw. Attached to the motion were copies of the letters of February 27, 1976 and March 21, 1976, the latter bearing defendant's address in Galena, Illinois. The motion does not contain a certificate of service and the record does not show that it was served on plaintiffs' attorney. Another attorney was not hired to defend the suit. The case was set for trial on May 23, 1977; defendant failed to appear, and judgment was entered against her. At that time defendant was still living in Galena at the address shown on the letter of March 21, 1976.

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