Lincoln v. Hilbus

36 Mo. 149 | Mo. | 1865

This case comes precisely within the principles enunciated in Smith’s Adm’r v. Rollins, 25 Mo. 408. The plaintiff in error had a right to appear in court to have a judgment against him set aside that was wholly irregular but he was in court for one purpose and for one only.

The judgment will be reversed and the cause remanded.

The oilier judges concur.