Kreisel v. Snavely
Missouri Court of Appeals
Appeal from Benton Circuit Court. — No». Charles A. Denton, Judge. (1) The court alone can render a judgment and the clerk’s entry was a nullity, and should have,been stricken from the records upon defendant’s motion. Pump Co. v. Jones, 126 Mo. App. 536; R. S. 1899, sec. 4476. (1) The judgment as entered was the judgment of the court, and hot the mere act of the clerk, as appellants contend. R. S. 1899, sec. 1586; Rohm Bros. & Co. v. Stivers, 75 M'o.
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Appeal from Benton Circuit Court. — No». Charles A. Denton, Judge. (1) The court alone can render a judgment and the clerk’s entry was a nullity, and should have,been stricken from the records upon defendant’s motion. Pump Co. v. Jones, 126 Mo. App. 536; R. S. 1899, sec. 4476. (1) The judgment as entered was the judgment of the court, and hot the mere act of the clerk, as appellants contend. R. S. 1899, sec. 1586; Rohm Bros. & Co. v. Stivers, 75 M'o. App. 296. (2) A court of record speaks by its record. The judgment as entered on the record, imparts absolute verity, and needs no docket…
1Opinion of the CourtJohnson, J.
Plaintiff brought suit in replevin in the circuit court of Benton county against defendants Suavely, Casto & Casto.. The affidavit and bond filed were regular, the writ duly issued, and defendants gave a statutory delivery bond with the appellants, Kief-fer and Bohling, as sureties. A jury was waived, the .court found the issues for plaintiff and judgment was entered of record by the clerk against the defendants and the sureties on the delivery bond. At the same term, an appeal was allowed defendants to this court but no appeal bond was given and after the adjournment of court for the term,…
2Cases cited9 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
- Robertson v. NealSupreme Court of Missouri · 1875
- Harlan v. MooreSupreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jeans v. JeansMissouri Court of Appeals · 1958
- J.J. Newberry Co. v. Baker, Renschen, Newton, Etc.Missouri Court of Appeals · 1947
- Monk v. Wabash RailroadMissouri Court of Appeals · 1912
- Raymond v. LoveMissouri Court of Appeals · 1916
- Greggers v. GleasonMissouri Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.