Legal Opinion

Montz v. Moran

Supreme Court of Missouri

Decided January 4, 1915PublishedCited by 6 opinions

Appeal from Clinton Circuit Court. — Eon. A. D. Burnes, Judge. The court having rendered a premature judgment at the September, 1911, term of court, it had no authority at a subsequent term to set aside that judgment and render another and an entirely different judgment. Courts at a subsequent term cannot cor-rect the mistakes of the judge or render a judgment different from that actually rendered at the previous term.

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Appeal from Clinton Circuit Court. — Eon. A. D. Burnes, Judge. The court having rendered a premature judgment at the September, 1911, term of court, it had no authority at a subsequent term to set aside that judgment and render another and an entirely different judgment. Courts at a subsequent term cannot cor-rect the mistakes of the judge or render a judgment different from that actually rendered at the previous term. Burnsiae v. Wand, 170 Mo. 543. “A court cannot at a subsequent term change its- judgment to one which it neither rendered nor intended to render.” Ross v. Ross, 83 Mo. 100. “As…

1Opinion of the CourtParis, J.

Plaintiff sued defendant in equity to cancel a deed. Defendant took leave to plead at the April term, 1911, but failing to do so a judgment by default, upon its face final, was rendered against him at the September term, 1911, the same being the term at which the default was entered. [To distinguish it we will refer to this as the September judgment.]

At this September term and within four days after the rendition of the judgment aforesaid, defendant came in and filed a motion for a new trial and a motion in arrest of judgment. The case was then continued, specifically because of the pendency…

2Cases cited11 opinions

  1. Burnside v. WandSupreme Court of Missouri · 1902
  2. Walter v. ScofieldSupreme Court of Missouri · 1902
  3. Guinan v. DonnellSupreme Court of Missouri · 1907
  4. Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
  5. McGurry v. WallSupreme Court of Missouri · 1894

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
  2. Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
  3. Duvall v. Wabash Ry. Co.District Court, W.D. Missouri · 1923
  4. Calnane v. CalnaneMissouri Court of Appeals · 1929
  5. Daugherty v. Lanning-Harris Coal & Grain Co.Missouri Court of Appeals · 1924

1 more not listed; retrieve them via the Exa API.

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