DONNELL v. VIGUS QUARRIES, INC.

No. 33684.

457 S.W.2d 249 (1970)

Hart B. DONNELL and Edna L. Donnell, Plaintiffs-Appellants, v. VIGUS QUARRIES, INC., a Corporation, and Fred Weber, Contractor, Inc., a Corporation, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

July 28, 1970.


Attorney(s) appearing for the Case

Pannell, Dodson & Robinson, Festus, for plaintiffs-appellants.

Earl R. Blackwell, Hillsboro, for defendants-respondents.


DOERNER, Commissioner.

Plaintiffs, husband and wife, appeal from an order made by the court of its own initiative vacating a judgment and decree and granting defendants a new trial, which judgment and decree had been rendered in favor of plaintiffs when the defendants failed to appear on the day the cause was set for trial.

Prior to that date the case was at issue upon an amended petition filed by plaintiffs, an answer and counter-claim filed by defendants...

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