Legal Opinion

Evans v. Fisher

Missouri Court of Appeals

Decided May 31, 1887PublishedCited by 17 opinions

Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The court had the power after the term to amend the record.

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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The court had the power after the term to amend the record. Gibson v. Chouteau, 45 Mo. 171; Qroner v. .Smith, 49 Mo. 328 ; Turner v. Qhristy, 50 Mo. 145; Henly v. I)ewes, 1 Mo. 16; DeKalb v. Hixon, 44 Mo. 341; Massey v. Sott, 49 Mo. 278; Gillett v. Bank, 56 Mo. 306; Levison v. Sevan, 33 Cal. 480; Smith v. Kennedy, 63 Ala. 333; Bank v. Wister, 3 Pet. 431. There is nothing to show that any clerical error was committed in entering the judgment in the court below. There is nothing in the record, and no minutes or memoranda of the…

1Opinion of the CourtThompson, J.

This appeal is prosecuted from an order overruling a motion to amend the entry of a judgment after the close of the term at which it was rendered. The judgment was rendered upon a partnership settlement, in which the court, confirming the report of a referee, foiind a certain amount due to the plaintiff on the partnership account, and a certain larger amount due to the defendant on certain counter-claims, and rendered a judgment in favor of the defendant for the excess of the amount due from the plaintiff to him over that due from him to the plaintiff. In this judgment, nothing is said about…

2Cases cited16 opinions

  1. State v. JefforsSupreme Court of Missouri · 1877
  2. Bank of Kentucky v. Wistar, Price, & WistarSupreme Court of the United States · 1830
  3. Belkin v. RhodesSupreme Court of Missouri · 1882
  4. Exchange National Bank v. AllenSupreme Court of Missouri · 1878
  5. State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875

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3Cited by17 opinions

  1. Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
  2. Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
  3. Crook v. TullSupreme Court of Missouri · 1892
  4. Doerschuk v. LockeSupreme Court of Missouri · 1932
  5. Mann v. . MannSupreme Court of North Carolina · 1918

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