EILERS v. KODNER DEVELOPMENT CORPORATION

No. 35490.

513 S.W.2d 663 (1974)

Omar and Amella EILERS, Plaintiffs-Respondents, v. KODNER DEVELOPMENT CORPORATION, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

August 27, 1974.


Attorney(s) appearing for the Case

Rosecan & Popkin, Alan E. Popkin, St. Louis, for defendant-appellant.

Niedner, Moerschel, Nack & Ahlheim, Reginald P. Bodeux, St. Charles, for plaintiff-respondent.


GUNN, Judge.

Defendant-appellant appeals from a default judgment of $12,000 in favor of plaintiffs-respondents. The theme of the case is surface water rights, and defendant asserts: 1) the judgment is in error as plaintiffs' petition failed to state a cause of action; 2) the court abused its discretion in failing to set aside the default judgment on defendant's motion; 3) the trial court erred by failing to hear defendant on the issues of damages. We affirm the judgment...

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