KLARSCH v. ADAMS

No. 45939.

648 S.W.2d 901 (1983)

Charles F. KLARSCH and Cervantes Diversified and Associates, Respondents, v. Vernon ADAMS and Thomas F. Tyner, Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

March 15, 1983.


Attorney(s) appearing for the Case

Thomas A. Connelly, St. Louis, for appellant.

Michael Gibbons, St. Louis, for respondents.


CRIST, Judge.

Motion to set aside default judgment and to quash execution denied. We reverse and order the sustentation of the motion to quash.

Appellant Tyner was a co-defendant in a suit filed by respondents-plaintiffs in magistrate court. On September 12, 1975, verdict in favor of Tyner was rendered. Plaintiffs filed a notice of appeal to the circuit court. Tyner did not receive notice of appeal as required by § 512.190, RSMo. 1945. Judgment by default...

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