Legal Opinion

DeKalb County v. Hixon

Supreme Court of Missouri

Decided August 15, 1869PublishedCited by 36 opinions

Error to Fifth District Court. I. The order of the Circuit Court dismissing this case is not such an order as a writ of error will lie for. (1 Mo. 222; 35 Mo. 190; 33 Mo. 117.) H. The judgment of the Circuit Court does not help the case. It was rendered after the case was taken by writ of error to the District Court, and while the case was pending in the District Court.

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Error to Fifth District Court. I. The order of the Circuit Court dismissing this case is not such an order as a writ of error will lie for. (1 Mo. 222; 35 Mo. 190; 33 Mo. 117.) H. The judgment of the Circuit Court does not help the case. It was rendered after the case was taken by writ of error to the District Court, and while the case was pending in the District Court. The Circuit Court, at the time of entering up that final judgment, had no jurisdiction whatever of the cause. (Ladd et al. v. Couzins, 35 Mo. 515; 41 Mo. 403.

1Opinion of the CourtCurrier, Judge

The question here raised relates to the authority of the Circuit Court in ordering amendments cf its own records. In that court the plaintiff dismissed as to one of the defendants, and the court, at a subsequent term, on motion of the remaining defendants, *342dismissed the suit as to them. The amended transcript, brought into the District Court on certiorari, shows that when the court directed the dismissal it also ordered final judgment, which the clerk omitted to enter of record.

After an appeal, and while the cause was pending in the District Court, the Circuit Court ordered its records…

2Cases cited3 opinions

  1. Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
  2. Stewart v. StringerSupreme Court of Missouri · 1867
  3. President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821

3Cited by36 opinions

  1. Pirtle v. CookSupreme Court of Missouri · 1997
  2. Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
  3. Darrier v. DarrierSupreme Court of Missouri · 1874
  4. Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
  5. Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014

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