17 Mo. 273 | Mo. | 1852
delivered the opinion of the court.
The record states as the fact that, the defendant, being solemnly called, made default, and that therefore the judgment was given. This statement is to be taken as true, and therefore the answer, although filed on the same day, must have been filed after the default was ordered to be entered. The defendant was out of time with his pleading, and although a udgment by default cannot regularly be entered when an answer is on file, yet the record shows enough to sustain the re