State ex rel. Engle v. Smith
Missouri Court of Appeals
Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The court erred in the admission of illegal, irrelevant and incompetent evidence. It was an error for the court to permit the witness, J. A. West, justice of the peace, to testify that he changed and altered the date of the execution from the ninth day of August, 1895, to the fifth day of August, 1895. A justice of the peace has no authority +o amend or alter any process of his own motion after return day.
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Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The court erred in the admission of illegal, irrelevant and incompetent evidence. It was an error for the court to permit the witness, J. A. West, justice of the peace, to testify that he changed and altered the date of the execution from the ninth day of August, 1895, to the fifth day of August, 1895. A justice of the peace has no authority +o amend or alter any process of his own motion after return day. Norton v. Porter, 63 Mo. 345. Nor is a justice of the peace allowed to make nunc pro tunc entries, as it would be a…
1Opinion of the CourtSmith, P. J.
This is an action against a constable and his sureties on the official bond of the former. The breach of the bond assigned by the relator was, in substance, that an execution had been issued by a justice of the peace on a certain judgment dated May 9, 1895, and returnable ninety days thereafter — or on August 7, 1895 — and that on August 9, the said justice did, by his indorsement thereon, undertake to renew the same for another like period; that on October 30, the said defendant Smith, to whom said execution was directed and delivered as constable, levied the same on certain property of the…
2Cases cited4 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- St. Louis & San Francisco Railway Co. v. LowderSupreme Court of Missouri · 1897
- State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
- State ex rel. Smith v. HodgesMissouri Court of Appeals · 1893
3Cited by1 opinion
- Richards v. HegerMissouri Court of Appeals · 1907