Jeude v. Sims
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) This proceeding is founded on a motion in the nature of a writ of error coram nobis, or rather the motion which, in modern practice, is substituted for it, whereby it is sought to set aside and vacate the judgment rendered for a fact which was well known to the court, the respondent and his attorneys at the time said judgment was rendered.
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Appeal from Ste. Genevieve Circuit Court. — Hon. Charles A. Killian, Judge. (1) This proceeding is founded on a motion in the nature of a writ of error coram nobis, or rather the motion which, in modern practice, is substituted for it, whereby it is sought to set aside and vacate the judgment rendered for a fact which was well known to the court, the respondent and his attorneys at the time said judgment was rendered. A writ of coram nobis is addressed to the court itself, where the record is, and lies to correct some latent matter of fact unknown to the court, and which, if known, would have…
1Opinion of the Court
WALKER, J. —
This cause was certified here by the St. Louis Court of Appeals, because title to real estate was involved. To get at the real issues a short statement of the facts will suffice.
This is an action to quiet title under old section 650, Revised Statutes 1899. Petition was filed September 12, 1905, in the circuit court of Pemiscot county. Defendants appeared and filed answer at the regular November term of that court. ‘ At the request and costs of Thomas B. Sims, it was continued over to the February term of said court. At the February *32term said Sims took a change of venue to the Ste.…
2Cited by40 opinions
- Casper v. LeeSupreme Court of Missouri · 1952
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Allen v. SmithMissouri Court of Appeals · 1964
- Daffin v. DaffinMissouri Court of Appeals · 1978
- Sprung v. Negwer Materials, Inc.Supreme Court of Missouri · 1987
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