Kirkman v. Stevenson
Missouri Court of Appeals
Appeal from Howell County Circuit Court. — Hon. E. P. Dorris, Judge. (1) While a court at any time during the term may have jurisdiction and the power to alter or set aside a judgment entered at such term, any alteration or change in snda judgment by the court without notice to the party affected thereby is void and not binding on such party.
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Appeal from Howell County Circuit Court. — Hon. E. P. Dorris, Judge. (1) While a court at any time during the term may have jurisdiction and the power to alter or set aside a judgment entered at such term, any alteration or change in snda judgment by the court without notice to the party affected thereby is void and not binding on such party. Ault v. Brady, 191 Mo. 709, 728; Caldwell v. Lockridge, 9 Mo. 362; 23 Cyc., page 878f and cases cited in note 94. (2) A court cannot at a subsequent term change its judgment to one which it neither rendered nor intended to render. The law does not…
1Opinion of the CourtCox, P. J.
Appeal from action of the Howell County Circuit Court in sustaining a motion for the correction of a judgment hy entry nunc pro tunc.
fflArthur C. Kirkman and wife brought suit in the Howell County Circuit Court against J. R. Stevenson, E. Y. Stevenson, William Alexander Huhbs and Meldon Farrar to rescind a contract and to set aside certain deeds and secure the return of an automobile and the cancellation of certain checks. The defendants filed separate answers. In the separate answers of J. R. Stevenson, he set up in one count a counterclaim for $615 alleged to be due him from plaintiff in…
2Cases cited6 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Hamer v. CookSupreme Court of Missouri · 1893
- Ault v. BradleySupreme Court of Missouri · 1905
- Becker v. SchutteMissouri Court of Appeals · 1900
- Williams v. SilveyMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Baker v. BakerMissouri Court of Appeals · 1955
- State Ex Rel. Nickerson v. RoseSupreme Court of Missouri · 1943