Legal Opinion

Cross v. Gould

Missouri Court of Appeals

Decided May 12, 1908PublishedCited by 55 opinions

Appeal from Shelby Circuit Court. — Eon. Eat. M. Shelton, Judge. (1) It is the duty of a court to correct its record at any time it discovers the defects, and may do so at the instance of any person interested, or of its own motion. Yan Fleet, Coll. Attack, ch. 20, part 11; Estate of Cook, 77 Cal. 220; 11 Am. St. 267. As to such facts, there is or can be* no. issue.

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Appeal from Shelby Circuit Court. — Eon. Eat. M. Shelton, Judge. (1) It is the duty of a court to correct its record at any time it discovers the defects, and may do so at the instance of any person interested, or of its own motion. Yan Fleet, Coll. Attack, ch. 20, part 11; Estate of Cook, 77 Cal. 220; 11 Am. St. 267. As to such facts, there is or can be* no. issue. When a court, in rendering a judgment, goes outside of and beyond the case made, and assumes to pass upon matters not in issue, and makes findings not only upon matters concerning which no issue was tendered, but which are also…

1Opinion of the CourtNortoni, J.

In this proceeding, the immediate relief sought is to set aside a judgment on motion filed at a subsequent term. Although defendants appeared to the action, they failed to appear at the term at which the judgment was given against them. They also failed to file motions for new trial or in arrest. They did appear, however, at a subsequent term of the court and filed a motion to set aside and vacate the judgment mentioned. This motion was stricken from the files by the court on motion of plaintiff and the court having declined to reconsider its action, on appropriate motion for review,…

2Cases cited72 opinions

  1. Bronson v. SchultenSupreme Court of the United States · 1882
  2. Hitchcock v. HarringtonNew York Supreme Court · 1810
  3. Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
  4. Adler v. StateSupreme Court of Arkansas · 1880
  5. State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891

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3Cited by55 opinions

  1. People v. ReidCalifornia Supreme Court · 1924
  2. Casper v. LeeSupreme Court of Missouri · 1952
  3. Lamb v. State of FloridaSupreme Court of Florida · 1926
  4. Barney v. SuggsSupreme Court of Missouri · 1985
  5. In Re the Trust Under the Last Will & Testament of JacksonMissouri Court of Appeals · 1956

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