State ex rel. Wendling v. Arnold
Missouri Court of Appeals
Mandamus. Original Proceeding. (1) The power of a court of general jurisdiction to set aside its judgment during the same term on motion of either party, or on its own motion, must not he arbitrarily or oppressively exercised and is subject to, review by the appellate courts. Nelson v. Ghiselin, 17 Mo. App. 663, 666; Morris v. Morris, 60 Mo.
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Mandamus. Original Proceeding. (1) The power of a court of general jurisdiction to set aside its judgment during the same term on motion of either party, or on its own motion, must not he arbitrarily or oppressively exercised and is subject to, review by the appellate courts. Nelson v. Ghiselin, 17 Mo. App. 663, 666; Morris v. Morris, 60 Mo. App. 86-' 88; Scott v. Smith, 133 Mb. 618-623. ' (2) Trial courts have no power to vacate their judgments on motion of either party or on their own motion, even during the same term., unless some legal ground for so doing is shown. Morris v. Morris, 60…
1Opinion of the CourtAllen, J.
This is an original proceeding in this court by mandamus, whereby the relator seeks to compel the respondent, one of the judges of the circuit court of the city of St. Louis, to allow relator an appeal to this court from an order of respondent, as such judge, setting aside a judgment in favor of relator. To our alternative writ, wherein is incorporated relator’s petition for the writ, the respondent filed a demurrer on which he stands, and the cause has been argued and submitted for adjudication on this demurrer.
By the allegations of the alternative writ, admitted by the demurrer, it is made…
2Cases cited12 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Nelson v. GhiselinMissouri Court of Appeals · 1885
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Breed v. HobartSupreme Court of Missouri · 1905
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3Cited by7 opinions
- Willis v. WillisMissouri Court of Appeals · 1954
- Gosnell v. GosnellMissouri Court of Appeals · 1959
- Savings Trust Co. of St. Louis v. SkainSupreme Court of Missouri · 1939
- In Re Adoption of Zartman v. AlfordSupreme Court of Missouri · 1933
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
2 more not listed; retrieve them via the Exa API.