Jameson v. Hilton
Missouri Court of Appeals
Appeal from tbe St. Louis City Circuit Court. — Eon. Franklin F. Ferris, Judge. It is familiar and elementary doctrine, that after the term bas elapsed at which a final judgment is rendered, tbe court possesses no further control or juridsiction over tbe cause; it bas no power to reinstate tbe cause on tbe docket, or take any further proceedings therein. 1 Eree. on Judg. (4 Ed.), secs. 70 and 96; Danforth v. Lowe, 53 Mo. 217; Mfg. Co. v. Baker, 35 Mo.
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Appeal from tbe St. Louis City Circuit Court. — Eon. Franklin F. Ferris, Judge. It is familiar and elementary doctrine, that after the term bas elapsed at which a final judgment is rendered, tbe court possesses no further control or juridsiction over tbe cause; it bas no power to reinstate tbe cause on tbe docket, or take any further proceedings therein. 1 Eree. on Judg. (4 Ed.), secs. 70 and 96; Danforth v. Lowe, 53 Mo. 217; Mfg. Co. v. Baker, 35 Mo. App. 217; 1 Black on Judg., p. 381, sec. 306. The same rule bas been declared under different circumstances, thus: Prohibition to prevent tbe…
1Opinion of the CourtBond, J.
— Plaintiff had judgment against defendant *300in a justice court for $250. Johm H. Kinsey became surety on an appeal bond given by defendant to take the case to the circuit court, which court on defendant’s motion subsequently ruled plaintiff to give security for costs, and upon his failure to comply with such order sustained a motion to dismiss the cause and awarded execution. After the lapse of two regular terms of court following the dismissal of his suit, plaintiff filed a motion to set aside the judgment of dismissal and reinstate the cause. No notice of this motion was given to defendant,…
2Cases cited5 opinions
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Danforth v. LoweSupreme Court of Missouri · 1873
- Ex parte JamesSupreme Court of Missouri · 1875
- State ex rel. Hay v. HarperMissouri Court of Appeals · 1894
- Gerhart v. FoutMissouri Court of Appeals · 1897