Smith v. Steel
Supreme Court of Missouri
Error to Cooper Circuit Court.—Hon. E.L. Edwards, Judge. The record entry of the New York court of March 24th, 1863, was not a nunc pro tune judgment, hut an independent judgment. Walters v. Sykes, 22 Wend. 566; Townsend v. Wesson, 4 Duer 342; 9 Barb. 504; 65 Mo. 618. The questions decisive of this case were decided when this case was here before, and should not be re-opened.
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Error to Cooper Circuit Court.—Hon. E.L. Edwards, Judge. The record entry of the New York court of March 24th, 1863, was not a nunc pro tune judgment, hut an independent judgment. Walters v. Sykes, 22 Wend. 566; Townsend v. Wesson, 4 Duer 342; 9 Barb. 504; 65 Mo. 618. The questions decisive of this case were decided when this case was here before, and should not be re-opened. Overall v. Ellis, 38 Mo. 209; Boone v. Shackleford, 66 Mo. 497; Chambers v. Smith, 30 Mo. 156. (1) The record of the New York judgment is to have the same effect here, as in the state where rendered. No other, or…
1Opinion of the CourtHenry, J.
This suit was instituted in the circuit court of Cooper county, January 6th, 1875, upon a transcript of a judgment rendered in the supreme court of Cattaraugus county, state of New York, in favor of plaintiff’s intestate against the defendant. Defendant’s pleas were, nul tiel record, that he did not appear to the action in said supreme court, or authorize any one to appear for Mm, nor was served with process, and the statute of limitations.
*457On the fourth Monday in September, 1852, the following entries were made in said original cause:
“Lorenzo Barlow against Daniel C. Steele and Geo, W.…
2Cases cited1 opinion
- Hamilton v. MarksSupreme Court of Missouri · 1876
3Cited by4 opinions
- State v. KingSupreme Court of Missouri · 1955
- Kansas City v. FieldSupreme Court of Missouri · 1917
- McCoy v. SimpsonSupreme Court of Missouri · 1939
- Farris v. BurchardSupreme Court of Missouri · 1914