Deickhart v. Rutgers
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. A decree is final where it decides and disposes of the whole merits of the points in issue, although it directs a reference. (1 Barb. Ch. 330 ; 2 Daniels’ Ch. 1001, 1010; 1 Cow. 691.) II. A judgment, if erroneous, may be set aside during the term; but after the term no alteration of the judgment is allowable, except such as is authorized by statute of jeofails and amendments. (4 Mo. 228, 315 ; 7 Mo. 320.) III.
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Appeal from St. Louis Circuit Court. I. A decree is final where it decides and disposes of the whole merits of the points in issue, although it directs a reference. (1 Barb. Ch. 330 ; 2 Daniels’ Ch. 1001, 1010; 1 Cow. 691.) II. A judgment, if erroneous, may be set aside during the term; but after the term no alteration of the judgment is allowable, except such as is authorized by statute of jeofails and amendments. (4 Mo. 228, 315 ; 7 Mo. 320.) III. Where the record shoots that the parties appeared by attorneys, it is never allowable to contradict the record by affidavit that the parties did…
1Opinion of the CourtCurrier, Judge
The plaintiff filed his petition in equity for the purpose of having the forfeiture of certain leases therein described set aside, *134and for an account of rents and profits, etc. Tbe answer put in issue tbe equity of tbe petition.
On tbe 29th day of January, 1867, tbe court made a decree as follows: “Now, at this day, come tbe parties by their attorneys ; and tbe coixrt, having heard tbe proofs and arguments of tbe counsel, doth find that tbe plaintiff is entitled to redeem said premises from said forfeitures on payment to tbe defendant, or into court for their use, the amount to be ascertained…
2Cases cited3 opinions
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- Lafayette-South Side Bank & Trust Co. v. SiefertMissouri Court of Appeals · 1929
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