Board of Ministerial Relief of Cumberland Presbyterian Church v. Drummond
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. Nat. M. Shelton, Special Judge. (1) The parties are entitled to the judgment that was in fact rendered by the court. Their rights can not be defeated by the mistake of the clerk in entering the judgment or the error of the attorney in drafting the decree.
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Appeal from Scotland Circuit Court. — Hon. Nat. M. Shelton, Special Judge. (1) The parties are entitled to the judgment that was in fact rendered by the court. Their rights can not be defeated by the mistake of the clerk in entering the judgment or the error of the attorney in drafting the decree. Or, in other words, is the clerk greater than the court? (2) This is not an assault upon the judgment the court rendered; it is an action to reform the record, so that it may show the judgment which in fact and in truth was rendered, and not, as it does now show, another and different judgment which…
1Opinion of the CourtBrace, P. J.
At the February term, 1898, of the Scotland Circuit Court, the following decree was duly entered of record in said court:
*56“In the Circuit Court of Scotland County, February term, 1898.
“James 0. Drake, Executor of the Estate of Erancis Drake, deceased, Plaintiff,
“vs.
“Mary R. Drake, Mary B. Woods, Redman H. Woods, Erancis I. Woods, Millie J. Woods, the Trustees of the Bethel Congregation, the Trustees of the Memphis Congregation of the 0. P. Church, the Board of Ministerial Relief of the O. P. Church of Evansville and the Board of Education of the 0. P. Church of Nashville, Defendants.
“Now at…
2Cases cited13 opinions
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Gibson v. HeirsSupreme Court of Missouri · 1869
- Young v. YoungSupreme Court of Missouri · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. Buckner v. EllisonSupreme Court of Missouri · 1919
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903