State ex rel. Hay v. Harper
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. ■ (1) Court has power at a subsequent term, and it is its duty on motion of either party, to correct its judgment as to any error appearing on the face thereof. Turner v. Benoist, 50 Mo. 145; Nave v. Todd, 88 Mo. 601; Ball v. Bruere, 23 Mo. App. 604; Evans v. Fisher, 26 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. ■ (1) Court has power at a subsequent term, and it is its duty on motion of either party, to correct its judgment as to any error appearing on the face thereof. Turner v. Benoist, 50 Mo. 145; Nave v. Todd, 88 Mo. 601; Ball v. Bruere, 23 Mo. App. 604; Evans v. Fisher, 26 Mo. App. 541; St.Louis to use, etc., v. Allen, 53 Mo. 44; Revised Statutes, 1889, section 5974. (2) The supreme court has frequently changed its rulings, even in the same ease on second appeal. The doctrine of res adjudicata of the law of a case is not…
1Opinion of the CourtEllison, J.
— Defendant was appointed a special commissioner in partition for the purpose of making a sale of some lands. He sold the lands and failed to pay over to plaintiff’s intestate the amount due him. An action was instituted on his bond as such commissioner and judgment rendered for the plaintiff. The judgment was “for the said sum of $549.70, the said damages assessed aforesaid with interest thereon from this day at the rate of five per cent., per month, together with costs of suit.” An appeal was taken from this judgment, one of the alleged errors relied upon for reversal of the judgment being…
2Cases cited3 opinions
- Jones v. HartSupreme Court of Missouri · 1875
- Wooldridge v. QuinnSupreme Court of Missouri · 1879
- State ex rel. Hey v. HarperMissouri Court of Appeals · 1893
3Cited by4 opinions
- Head v. RandolphMissouri Court of Appeals · 1900
- Van Noy v. HustonMissouri Court of Appeals · 1969
- Bishop v. SealMissouri Court of Appeals · 1902
- Jameson v. HiltonMissouri Court of Appeals · 1900