Bishop v. Seal
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Section 660, Revised Statutes 1889, expressly provides that the court may, in .furtherance of justice, amend any record, pleading or other proceeding by adding or striking out the name of a party, or by correcting a mistake in the name of a party, or a mistake in any other respect. Under this section the court should have permitted the amendment.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Section 660, Revised Statutes 1889, expressly provides that the court may, in .furtherance of justice, amend any record, pleading or other proceeding by adding or striking out the name of a party, or by correcting a mistake in the name of a party, or a mistake in any other respect. Under this section the court should have permitted the amendment. (2) It will not do to say that a judgment can not be amended at a. subsequent term unless there is something in the record to amend by. Ex parte Gray, 77 Mo. 160; Neenan v. City of…
1Opinion of the CourtBroaddus, J.
This is a motion to correct the petition and judgment in the case, by inserting the word “fifth” in the description of several lots, so they will read “lots 368, 369, 370 and 371 in South Carterville Mining and Smelting Company’s fifth addition,” instead- of “South Carterville Mining and Smelting Company’s addition,” as it is recited in the record.
In 1899 plaintiff sued defendant in said circuit court, to *170enforce a vendor’s lien against said lots, describing them as located in Sontb Carterville Mining and Smelting Company’s addition to tbe city of Carterville, Missouri. There was a judgment…
2Cases cited14 opinions
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Jones v. HartSupreme Court of Missouri · 1875
- Craig v. SmithSupreme Court of Missouri · 1877
- Latshaw v. McNeesSupreme Court of Missouri · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Oregon Mortgage Co., Ltd. v. KunnekeMontana Supreme Court · 1926
- Kansas City Pump Co. v. JonesMissouri Court of Appeals · 1907
- Kreisel v. SnavelyMissouri Court of Appeals · 1909
- Everett v. Glenn.Missouri Court of Appeals · 1931