Atkinson v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Appeal from, Gass Circuit Court.—ITon. Noah M. Givan, Judge. The judgment should be corrected in accordance with what the docket and minutes show. The language is unequivocal, and is absolutely controlling. "What may be in the breast of the court, even in regard to the matter, cannot avail, inasmuch as the motion to correct the entry was made after the close of the term at which the cause was continued.
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Appeal from, Gass Circuit Court.—ITon. Noah M. Givan, Judge. The judgment should be corrected in accordance with what the docket and minutes show. The language is unequivocal, and is absolutely controlling. "What may be in the breast of the court, even in regard to the matter, cannot avail, inasmuch as the motion to correct the entry was made after the close of the term at which the cause was continued. Hyde v. Curling, 10 Mo. 359 ; State v. Clark, 18 Mo. 432; Gibson v. Chouteau, 45 Mo. 171; Saxton v. Smith, 50 Mo. 490; Priest v. McMaster, 52 Mo. 60; Jillett v. Union National Bank, 56 Mo.…
1Opinion of the Court
Ewing, C.
This was a suit before a justice of the peace • for killing a steer.
At the trial before the justice defendant entered no appearance. Judgment by default was rendered for plaintiff for $104. Defendant then appeared, specially, and moved to set aside the default. The motion was overruled, and i defendant appealed to the circuit court. In the circuit court, on the 30th day of November, 1880, as appears upon the minutes kept by the clerk, and by the entry Of the judge on his docket, the cause was continued on the appii*52cation and at the cost of plaintiff, upon the verbal application of…
2Cases cited1 opinion
- Belkin v. RhodesSupreme Court of Missouri · 1882
3Cited by7 opinions
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
- Sperling v. StubblefieldMissouri Court of Appeals · 1904
- Moore v. DavisSupreme Court of Missouri · 1885
- Board of Ministerial Relief of Cumberland Presbyterian Church v. DrummondSupreme Court of Missouri · 1902
- Stimson v. Cathedral Mining & Smelting Co.Supreme Court of Missouri · 1915
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