Steinback v. Lisa's executors
Supreme Court of Missouri
1Opinion of the CourtM’Girk, C. J.
This was an action of debt,.brought on a recognizance, and judgment against the-plaintiff. None of the exceptions taken by the defendant’s demurrer are sustainable and the judgment cannot he reversed for any thing thereby alledged'.- But when the Court come to give judgment, after overruling the demurrer, gave judgment for the amount of the recognizance to be discharged with a less sum. This is error. It is said, in Washington's Reports, that the latter part of the judgment is only surplusage, and that it does not vitiate the judgment, which- is well entered. The case in Washington’s Reports,…
2Cited by2 opinions
- Wright v. WrightTexas Supreme Court · 1848
- Gruner v. GrunerMissouri Court of Appeals · 1914