Jeude v. Sims
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) This proceeding is founded on a motion in the nature of a writ of error coram nobis, or rather the motion which, in modern practice, is substituted for it, whereby it is sought to set aside and vacate the judgment rendered for a fact which was well known to the court, the respondent and his attorneys at the time said judgment was rendered.
Read the full summary
Appeal from Ste. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) This proceeding is founded on a motion in the nature of a writ of error coram nobis, or rather the motion which, in modern practice, is substituted for it, whereby it is sought to set aside and vacate the judgment rendered for a fact which was well known to the court, the respondent and his attorneys at the time said judgment was rendered. A writ of coram nobis is addressed to the court itself, where the record is, and lies to correct some latent matter of fact unknown to the court, and which, if known, would have…
1Dissent
DISSENTING OPINION.
LAMM, C. J. —
Pláintiff sued Sims and others in the Pemiscot Circuit Court to determine title to certain land under former section 650 (now R. S. 1909, sec. 2535, as amended). Sims answered separately, *45claiming the land. Other defendants answered jointly, claiming- the land as against the world, and after that valiant challenge they straightway and, once for all, disappear from subsequent proceedings. Presently Sims (whom we will call defendant) took a change of venue to Ste. Genevieve. After a continuance by him it was once more continued by him to July 23, 1906, which we…
2Cases cited23 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Cross v. GouldMissouri Court of Appeals · 1908
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Downing v. StillSupreme Court of Missouri · 1869
18 more not listed; retrieve them via the Exa API.