17 Mo. App. 618 | Mo. Ct. App. | 1885
delivered the opinion of the court.
This action was commenced before a justice of the-peace upon the following statement of claim:
“St. Louis, Mo., April 7th, 1884.
“L. Freund & Bro. to Hermann Hanel, Dr.
To 8J- days work done and performed, ending
April 6th, 1884, c. $24. $6.80.”'
The plaintiff had a judgment before the justice, and the defendant appealed to the circuit court. In the-circuit court the defendant did not appear on the day on which the case was called for trial, and a judgment was-rendered in favor of the plaintiff by default for $6.80, the sum above claimed. On the same day the defendant, by his counsel, filed a motion to set aside the default on. the following grounds:
1; “ That the case was tried while the attorney for the-defendant was engaged in another court.”
2. “ That this court has no jurisdiction to try the case anew or to render said judgment.”
3. “ That defendants have a meritorious defence.”
Annexed to this was an affidavit of the defendant’s attorney stating that, at the time when the default was taken, he was engaged in another cause in another room of the same court, and that he left the room and went to-the court in which the default was taken, at 20 minutes
The court refused to set aside the default, filing a written opinion which is preserved in the bill of exceptions, in which the only ground for so refusing is stated as follows : “ Defendant claims that plaintiff engaged to work for a specified time and left before it was finished, and without cause. The suit is on a quantum meruit and the facts recited by defendant are no bar to plaintiff’s recovery, unless it also appeared that defendant was in some wise injured or damaged by reason of plaintiff’s giving up the service before expiration of the time for which he was engaged. This is not claimed. Hence, if the plaintiff actually worked for a period for defendant, as admitted, and the work was beneficial to the latter, the reasonable value thereof can be recovered.”
On the same day on which this motion was overruled, the defendant filed a motion for a rehearing, urging, among other grounds, that the court erred in holding that the defence described in the affidavit was not a legal defence to the action. The court overruled this motion, at the same time filing another written opinion, which is
1. The first question which arises is, whether the reason which the court gave for refusing to set aside the default can be considered at all. If it can be considered, then the second question is, whether it was a good reason.
Where a court of nisi prius makes a ruling upon a question of law, a reviewing court is not concerned with the reason which induces the nisi prius court so to rule; since, if the ruling is correct in point of law,, it will not be reversed because an erroneous reason may have been given for making it. It is, therefore the- universal rule that the judges of the courts of first instance are not bound to state the reasons which lead their minds to the conclusions embodied in their rulings, much less to deliver written opinions, although it is highly proper and commendable in them to do so. A court which delivers its judgments, without announcing its reasons therefor, is not likely to retain the confidence of the bar and the public ; and we know from our own experience that nothing so conduces to the careful decision of causes as the habit of stating the case and giving in writing the reason for the j udgment which the judge renders or the ruling which he makes. As a general rule, opinions written by the circuit judges form no part of their record on appeal or error, although embodied in the bill of exceptions; though sometimes, where the case has been tried by the judge without a jury, they have been treated as declara-, tions of law given by him of his own motion in the absence of any given in a more formal manner. But while these opinions are, as a general rule, no part of the record on hppeal or error, it does not follow that the practice of bringing them to our attention is not conducive to the
2. The second question therefore is, whether the defendant had a meritorious defence. Upon this question we have no doubt whatever. The decisions of the supreme court and of this court are conclusive upon it. Those
We know of no recent decision of the supreme court which contravenes these views. The decision of the supreme court in Plumber v. Frost, 81 Mo. 425, cited by the learned judge of the circuit court, was before us in manuscript when we decided the case of Fox v. Pullman Palace Car Co. (supra). It does not so hold, but merely describes the question of pleading above stated. I have also seen manuscript copy of the decision of the supreme court in Mansur v. Botts (not yet reported ), upon which the learned judge of the circuit court also relied, and my recollection is, that it merely reaffirms the point which was decided in Plummer v. Frost. Until the appellant is able to bring to our attention a decision of the supreme court to that effect, we shall not believe that the court has deliberately overruled its line of decisions upon this question ending with Earp v. Tyler (supra.) It therefore appears that the discretion of the circuit court in refusing to set aside the default was exercised upon an erroneous view of the law, and this makes it encumbent upm us to re/erse its judgment and remand the cause for farther proceedings not inconsistent with this opinion. It is so ordered.