Page v. Chapin
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. J. ~VV. Alexander, Special Judge. Tbe special judge committed error in sustaining tbe motion to enter judgment nunc pro tunc, and in ordering tbe clerk to enter up sucb a nunc pro tunc judgment, as be did. To authorize sucb change, sucb entries can not be made from outside evidence, or from facts existing alone in tbe breast of tbe judge, after tbe term at which final judgment is entered.
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Appeal from the Livingston Circuit Court. — Hon. J. ~VV. Alexander, Special Judge. Tbe special judge committed error in sustaining tbe motion to enter judgment nunc pro tunc, and in ordering tbe clerk to enter up sucb a nunc pro tunc judgment, as be did. To authorize sucb change, sucb entries can not be made from outside evidence, or from facts existing alone in tbe breast of tbe judge, after tbe term at which final judgment is entered. Gamble v. Daugherty, 71 Mo. 599; Saxton v. Smith, 50 Mo. 490; Bokm Bros. & Co. v. Stivers, 75 Mo. App. 291, 296. The presumption is that what is entered in…
1Opinion of the CourtGill, J.
Statement. Plaintiffs sued the defendant for half the cost of a party wall. The parties own adjoining lots in Chillicothe. Plaintiffs built the wall on the division line and defendant paid half the cost. But on account of faulty construction or otherwise, the wall became defective and unsafe and plaintiffs took it down and rebuilt it at a cost of $724.70. Plaintiffs claimed that under a contract existing between the parties, defendant was not only bound to pay half the original cost (and which he paid) but was also liable for one half the cost of reconstruction. Defendant denied this, and…
2Cases cited7 opinions
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Jones v. HartSupreme Court of Missouri · 1875
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Saxton v. SmithSupreme Court of Missouri · 1872
- Wooldridge v. QuinnSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dawson v. WaldheimMissouri Court of Appeals · 1901
- State ex rel. Davis v. J. H. BaldwinMissouri Court of Appeals · 1904
- State v. BushMissouri Court of Appeals · 1909
- Williams v. SilveyMissouri Court of Appeals · 1900