McGrew v. Foster

— This case was here before, (54 Mo. 258.) It came up then, because of the refusal of the court rendering judgment, to quash two executions, issued to different counties. That judgment was affirmed.

It has hitherto been the currently received opinion, that when affirmance occurs, that is an end of the case. The fact that defendant “ kept his motion on the docket regularly,” after the cause came up here, could by no means alter or diminish the results incident to such affirmance. This being the case, what is termed an “ amended motion” to set aside the judgment, etc., cannot be considered, as…