Rankin v. Lawton
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. An erroneous or irregular judgment can be corrected upon motion.— . Smith v. Best, 42 Mo. 188; Randolph v. Sloan, 58 Mo. 155; Phillips v. Evans, 64 Mo. 17. Appellate courts will not interfere with the exercise of the trial court’s discretion, unless it plainly appear that injustice has been done, and that its discretion has been exercised in an arbitrary manner. — Faber v. Bremer, 18 Mo. 541; Griffin v. Veil, 56 Mo. 310;…
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Appeal from the St. Louis Circuit Court, Barclay, J. An erroneous or irregular judgment can be corrected upon motion.— . Smith v. Best, 42 Mo. 188; Randolph v. Sloan, 58 Mo. 155; Phillips v. Evans, 64 Mo. 17. Appellate courts will not interfere with the exercise of the trial court’s discretion, unless it plainly appear that injustice has been done, and that its discretion has been exercised in an arbitrary manner. — Faber v. Bremer, 18 Mo. 541; Griffin v. Veil, 56 Mo. 310; Fidemiller v. Kump, 61 Mo. 342.
1Opinion of the CourtThompson, J.
This was a proceeding in the nature of a suit in equity to reopen a partnership settlement and surcharge the defendant in respect of a small item which the plaintiff alleged had been overlooked by mistake of the parties. In addition to a defence showing that the item in question had not been overlooked, the defendants in their answer pleaded another small item by way of counter-claim. At the trial, as the record recites, “by leave of court the defendants, by their attorney, dismissed their counterclaim in this cause, and said counter-claim is accordingly dismissed.” The court submitted two…
2Cases cited7 opinions
- Phillips v. EvansSupreme Court of Missouri · 1876
- Bevin v. PowellMissouri Court of Appeals · 1881
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Doan v. HollySupreme Court of Missouri · 1858
- Lawther v. AgeeSupreme Court of Missouri · 1864
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3Cited by4 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- In re GardnerMissouri Court of Appeals · 1890
- Skelly v. VeerkampMissouri Court of Appeals · 1888