State ex rel. Leutert v. Berger
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. STATEMENT OF THE CASE. Tbis case came bere on an appeal from a judgment on a demurrer to tbe plaintiff’s petition, wbicb petition is as follows: “Plaintiff states that lie was, on tbe twenty-fourth day of January, 1899, appointed curator of George J. Staggs and Lonisa Staggs, minors, by the probate court of Butler county, in the State of Missouri, and duly qualified as such, and entered upon tbe discharge of bis…
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. STATEMENT OF THE CASE. Tbis case came bere on an appeal from a judgment on a demurrer to tbe plaintiff’s petition, wbicb petition is as follows: “Plaintiff states that lie was, on tbe twenty-fourth day of January, 1899, appointed curator of George J. Staggs and Lonisa Staggs, minors, by the probate court of Butler county, in the State of Missouri, and duly qualified as such, and entered upon tbe discharge of bis duties as such, and that be is now tbe curator of said minors. ' “Plaintiff further states, that on May 12, 1891, tbe…
1Opinion of the CourtGoode, J.
The appellants’ abstract of tbe record contains an affidavit by one Prank D. Gebhardt, tending to prove that in fact.no judgment was entered in tbis cause, but that' one of the attorneys for the plaintiff wrote up a memorandum of a judgment and gave it to the clerk, who entered it without it being seen or approved by the judge of the court, and this is assigned for error.
Counsel certainly do not expect us to disregard the transcript of the clerk of the circuit court showing a final judgment in the cause, on a mere ex parte affidavit contained in an ■abstract of the record to the effect that…
2Cases cited3 opinions
- State v. BluntSupreme Court of Missouri · 1892
- State ex rel. Smith v. MartinMissouri Court of Appeals · 1885
- State ex rel. Williams v. CarrollSupreme Court of Missouri · 1876
3Cited by4 opinions
- Hendershot v. MinichSupreme Court of Missouri · 1956
- State ex rel. Scott v. GreerMissouri Court of Appeals · 1903
- State ex rel. Johnston v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1915
- Tiede v. FuhrMissouri Court of Appeals · 1921