Nelson v. Ghiselin
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, Edwards, J. The affirmance of the judgment of a justice is a judgment which can be set aside only within four days thereafter. — Milligan v. Dunn, 19 Mo. 644; Matthews v. Cook, 35 Mo. 289; Mareau v. January, 52 Mo. 523.
1Opinion of the CourtRombauer, J.
This cause, although involving only a small amount, necessarily presents a question of grave practical importance. That question is, to what extent, and subject to what restrictions, trial courts may control judgments rendered by them, during the term at which such judgments are rendered.
The plaintiff obtained a judgment against the defendants before a justice of the peace. The defendants appealed to the circuit court. In that court the case was regularly docketed for trial, for a day certain, and the defendant failing to appear on said day, the circuit court, on motion of the plaintiff,…
2Cases cited2 opinions
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865
3Cited by18 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Scott v. SmithSupreme Court of Missouri · 1896
- Mid-States Equipment Corp. v. HOBART WELDERS S. & S.Missouri Court of Appeals · 1950
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- Arndt v. ArndtMissouri Court of Appeals · 1914
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