ORGILL BROS. AND CO., INC. v. RHODES

No. 13355.

669 S.W.2d 302 (1984)

ORGILL BROTHERS AND COMPANY, INC., Plaintiff-Appellant, v. James L. RHODES, d/b/a Rhodes Farm Supply, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Three.

April 25, 1984.


Attorney(s) appearing for the Case

Ted M. Henson, Jr., Scott & Henson, Poplar Bluff, for plaintiff-appellant.

James E. Spain, John Hopkins, Hyde, Purcell, Wilhoit, Spain, Edmundson & Merrell, Poplar Bluff, for defendant-respondent.


PREWITT, Judge.

We first discuss defendant's motion to dismiss the appeal which was taken with the case. Defendant contends that the notice of appeal was not timely filed.

Plaintiff filed suit against defendant on July 14, 1981. The sheriff's return states that defendant was personally served with a summons and a copy of plaintiff's petition on July 15, 1981. Defendant defaulted and judgment for plaintiff was entered on October 26, 1981. On March 25, 1983...

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