[Download] "Richard Kollmeyer v. John Joseph Willis" by Springfield District Missouri Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Richard Kollmeyer v. John Joseph Willis
• Author : Springfield District Missouri Court of Appeals
• Release Date : January 20, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

PER CURIAM. In this factually-unique case, plaintiff Richard Kollmeyer, a minor ten years of age when struck and injured in Springfield, Missouri, on October 24, 1964, by a motor vehicle driven by defendant, appeals from a final judgment for $22,500 entered in his favor and against defendant John Joseph Willis in the Circuit Court of Greene County on December 15, 1965. Plaintiff's complaint is that a default judgment for $25,000 against defendant (hereinafter referred to as the default judgment) theretofore entered in the same circuit court on April 30, 1965, should not have been set aside on May 27, 1965, and that the default judgment should have been reinstated in response to plaintiff's requests for that relief in motions presented at different stages of the litigation after May 27. Notwithstanding the amount of the final judgment, we have appellate jurisdiction because the amount in dispute is only the difference between the default judgment of $25,000 and the final judgment of $22,500, or the sum of $2,500. Art. V, Sec. 3, Mo. Const. of 1945; Sec. 477.040. 1 Cf. Robinson v. Beatrice Foods Co., Mo. App., 260 S.W.2d 346, 348(1). Plaintiff's attorneys have filed an excellent brief, but no appearance has been made and no brief has been presented on behalf of defendant. Suit was instituted and defendant was served during December 1964.

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