Fuller & Co. v. Stebbins
Supreme Court of Iowa
Appeal from Kossuth Circuit Cowrt. Plaintiffs made their motion for the entry of a judgment rvmc pro tune upon a trial before the court, and a finding for plaintiffs, as shown by the minutes entered in the court calendar by the judge. The trial was had three years and six months before the motion was made, and the clerk neglected to enter the judgment.
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Appeal from Kossuth Circuit Cowrt. Plaintiffs made their motion for the entry of a judgment rvmc pro tune upon a trial before the court, and a finding for plaintiffs, as shown by the minutes entered in the court calendar by the judge. The trial was had three years and six months before the motion was made, and the clerk neglected to enter the judgment. The defendant moved the court to strike plaintiffs’ motion, on the ground that as more than one year had elapsed the court had no jurisdiction to grant the relief sought. The motion to strike was sustained. Plaintiffs appeal.
1Opinion of the CourtBeck, J.
I. No question is raised by defendants disputing tbe trial of tbe case and judgment rendered by the court, as claimed by plaintiff. The motion of defendant to strike has the effect of a demurrer in admitting the facts upon -which plaintiffs base their claim for relief. We are, therefore, re•quired to determine whether the court was authorized to sustain the motion upon the admitted facts that a judgment had been, three and a half years before, rendered in the case, but not recorded, through the neglect or oversight of the clerk.
1. judgment: entry nunc pro tunc. Courts possess the inherent…
2Cited by19 opinions
- Headley v. HeadleySupreme Court of Iowa · 1969
- State v. FreySupreme Court of Iowa · 1928
- Trotti v. KinnearCourt of Appeals of Texas · 1912
- Day v. GoodwinSupreme Court of Iowa · 1898
- Lambert v. RiceSupreme Court of Iowa · 1909
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