BOGDON v. COMMERCE BANK OF KANSAS CITY

No. KCD 27224.

537 S.W.2d 650 (1976)

Kathleen J. BOGDON, Respondent, v. COMMERCE BANK OF KANSAS CITY, d/b/a Bankamericard, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 1, 1976.


Attorney(s) appearing for the Case

John C. Thurlo, Michael H. Maher, Swanson, Midgley, Eager, Gangwere & Thurlo, Kansas City, for appellant.

Joseph W. Amick, Welch & Austin, Kansas City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.


TURNAGE, Presiding Judge.

Petition in equity to set aside a default judgment obtained by Commerce Bank against Kathleen J. Bogdon in the magistrate court. The trial court set aside such judgment and Commerce appeals.

On appeal Commerce urges there was insufficient evidence to establish the fact the judgment was obtained by mistake; that Bogdon did not show the exercise of due diligence in defending the magistrate action; an erroneous finding that Bogdon's...

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