Legal Opinion

Carter v. Louisiana Purchase Exposition Co.

Missouri Court of Appeals

Decided April 30, 1907PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — Eon. Roibt. M. Foster, Judge. (1) The circuit court, under its supervisory power, cannot compel a justice of the peace to alter his record. Dixon v. Judge, 4 Mo. *p. 286; Garnet v. Stacy, 17 M'o. 601; State ex rel. v. Walker, 85 Mo.

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Appeal from St. Louis City Circuit Court. — Eon. Roibt. M. Foster, Judge. (1) The circuit court, under its supervisory power, cannot compel a justice of the peace to alter his record. Dixon v. Judge, 4 Mo. *p. 286; Garnet v. Stacy, 17 M'o. 601; State ex rel. v. Walker, 85 Mo. App. 247; State ex rel. v. Klein, 140 Mo. 502; Lebetter v. Osborne, 66 N. Car. 879. (2) The power of superintending control vested in the circuit courts by virtue of section 23, article 6 of the Constitution, and by virtue of section 1674, subdivision 4, Revised Statutes 1899, must be exercised according to the usages…

1Opinion of the CourtGoode, J.

On April 17, 1905, plaintiff obtained judgment before a justice of the peace in the city of St. Louis in a replevin action, instituted without bond. The judgment was “against defendants for possession of the property or the assessed value thereof, $350, and $10 damages and for costs,” and so plaintiff’s motion states. On Aug’ust 3, 1905, a transcript of said judgment was filed in the office of the clerk of the circuit court of the city of St. Louis. Afterwards plaintiff filed a motion in the circuit court for a rule on the justice ordering him to correct his judgment and record to conform to…

2Cases cited14 opinions

  1. Jones v. HartSupreme Court of Missouri · 1875
  2. Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
  3. State v. HowellSupreme Court of Missouri · 1893
  4. Showles v. FreemanSupreme Court of Missouri · 1884
  5. City of St. Louis v. BrooksSupreme Court of Missouri · 1891

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3Cited by10 opinions

  1. Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014
  2. McLennan County v. BoggessTexas Supreme Court · 1911
  3. Tebbetts v. RickartSupreme Court of Missouri · 1913
  4. Atlantic Coast Line Railroad v. StateSupreme Court of Florida · 1917
  5. Tyree v. Midwest Envelope Co.Missouri Court of Appeals · 1924

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