Dawson v. Waldheim
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. John A. Talty, Judge. (1) There is no valid or legal judgment in the case, as the order made by the court intended to be a judgment, possesses none of the attributes of a judgment.
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Appeal from St. Louis City Circuit Court. — Ron. John A. Talty, Judge. (1) There is no valid or legal judgment in the case, as the order made by the court intended to be a judgment, possesses none of the attributes of a judgment. Black Judg., sec. 14; lb., sec. 115; Freeman Judg., sec. 1. (2) The trial court after the expiration of the October term, 1898, at which judgment was originally entered against appellant and at which respondent entered remittitur of $7, lost all jurisdiction over tbe case and bad no power or authority thereafter to render a judgment or take any other action in the…
1Opinion of the CourtBland, P. J.
— A history of this case furnishes a striking example of the evils and difficulties that may arise for want of due attention to every step to be taken in the conduct of a *119case from its commencement to tbe entry of final-judgment. On October 19, 1898, plaintiff recovered of defendant a judgment for eight hundred and five dollars. On November 3, following, plaintiff entered a remittitur of seven dollars but no new judgment was entered. Defendant appealed to this court where at the March term, 1899, the judgment was affirmed (80 Mo. App. 52), the attention of the court not having been called to…
2Cases cited4 opinions
- Hulett v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1898
- Dawson v. WaldheimMissouri Court of Appeals · 1901
- Dawson v. WaldheimMissouri Court of Appeals · 1899
- Dawson v. WaldheimMissouri Court of Appeals · 1899
3Cited by2 opinions
- State v. CobbMissouri Court of Appeals · 1905
- State v. BrockmillerMissouri Court of Appeals · 1904