Smith v. Perkins
Supreme Court of Missouri
Appeal from DeKalb Circuit Court.—Hon. C. H. 8. Goodman, Judge. (1) The trial court, after it had rendered final judgment and overruled motions for new trial and in arrest and entered an order granting an appeal, could not legally set aside the judgment. The question is analogous to those arising on changes of venue.
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Appeal from DeKalb Circuit Court.—Hon. C. H. 8. Goodman, Judge. (1) The trial court, after it had rendered final judgment and overruled motions for new trial and in arrest and entered an order granting an appeal, could not legally set aside the judgment. The question is analogous to those arising on changes of venue. Henderson v. Henderson, 55 Mo. 544; State v. Daniels, 66 Mo. 207; State v. Hopper, 71 Mo. 425; State v. Dusenberry, 112 Mo. 288; Colvin, v. Six, 79 Mo. 200; In the matter of Whitson Est., 89 Mo. 58; Frasier v. Fortenburry, 4 Ark. 162; Campbellv. Thompson, 4 Greene, (Iowa) 415;…
1Opinion of the CourtBe age, J.
This is an action in ejectment to recover forty acres of land in DeKalb county. The petition is in common form; the answer a general denial. Judgment for the plaintiff, and the defendant appeals.
*52The case came on for trial in the DeKalb county circuit court at its November term, 1889. It was admitted for the purposes of the trial that John Smith is the common source of title.
The plaintiff, to show title, read in evidence a general warranty deed from the said John Smith, duly executed and acknowledged and bearing date September 21, 1868, conveying the premises to plaintiff. He further…
2Cases cited8 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- State v. WebbSupreme Court of Missouri · 1881
- Townsend v. CoxSupreme Court of Missouri · 1870
- Shields v. PowersSupreme Court of Missouri · 1860
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3Cited by3 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Henderson v. DreyfusNew Mexico Supreme Court · 1920
- Smith v. Nevada County United Gold Mines Co.Missouri Court of Appeals · 1912