Gamble v. Daugherty
Supreme Court of Missouri
Error to Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. TMs was an action of ejectment in the ordinary form, brought by Martha J. Gamble and Permelia J. Leonard and Thomas Leonard, her husband. Before the ..trial, Martha J. Gamble died. No steps were taken to bring'in her successors in interest.
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Error to Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. TMs was an action of ejectment in the ordinary form, brought by Martha J. Gamble and Permelia J. Leonard and Thomas Leonard, her husband. Before the ..trial, Martha J. Gamble died. No steps were taken to bring'in her successors in interest. At the April term, 1874, and on the 23rd of that month, the cause was tried, and the minute book of the clerk for that term shows the following entry: ‘‘ Gamble et al., v. Daugherty. Judgment for surviving plaintiff’ for lands sued for, and one cent damages.- Writ of possession. Mistake in deed…
1Opinion of the CourtSherwood, C. J.
1. The writ of error was sued out in time, as the judgment was rendered April 23d, 1874, and the writ issued April 3rd, 1877.
2. Th.e judgment, when entered from the minute book of the clerk and the papers and files in the cause, related to the date of the brief memorandum made by the clerk; but any other evidence thau the papers and files in the cause, or something of record, or in the minute book, or on the judge’s docket, could not be received as constituting a basis to amend by. Although oral evidence is received by the courts of some States, for the purpose mentioned, this court has…
2Cases cited1 opinion
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
3Cited by27 opinions
- Burnside v. WandSupreme Court of Missouri · 1902
- State v. GartrellMissouri Court of Appeals · 1903
- Chester v. GravesCourt of Appeals of Kentucky · 1914
- Carter v. BurnsSupreme Court of Missouri · 1933
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
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