Dawson v. Waldheim
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. John A. Tally, Judge. (1) The circuit court had no jurisdiction after the expiration of the October term, 1898, during which judgment was actually rendered in favor of respondent for $805, and respondent remitted $7 thereof, to render a new judgment for the remainder, $798. After the term of judgment the court loses all control over the cause. Page v. Chapin, 80 Mo. App. 161; Bohm v. Stivers, 75 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Ron. John A. Tally, Judge. (1) The circuit court had no jurisdiction after the expiration of the October term, 1898, during which judgment was actually rendered in favor of respondent for $805, and respondent remitted $7 thereof, to render a new judgment for the remainder, $798. After the term of judgment the court loses all control over the cause. Page v. Chapin, 80 Mo. App. 161; Bohm v. Stivers, 75 Mo. App. 295; Head v. Randolph, 3 Mo. App. Rep. 249; Danforth v. Lowe, 53 Mo. 217. (2) No entries or memoranda of any kind were offered in evidence by…
1Opinion of the CourtBland, P. J.
On October 19, 1898, in an action for damages the plaintiff herein recovered in the St. Louis Circuit Court a verdict against the defendant for $805, upon which a judgment, regular in form, was entered; thereafter at the same term, plaintiff, to obviate the granting of a new trial, remitted $7 of the judgment. An appeal was taken to this court and the judgment was affirmed. After the remittitur was entered, no new judgment in conformity to the verdict and remittitur was entered, but on May 25, 1899, plaintiff sued out an execution on the original judgment, giving credit for the $7 remitted.…
2Cases cited19 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Belkin v. RhodesSupreme Court of Missouri · 1882
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Hyde v. Curling & RobertsonSupreme Court of Missouri · 1847
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estate of PillsburyCalifornia Supreme Court · 1917
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- White v. ReitzMissouri Court of Appeals · 1908
- State v. BushMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.