Burton v. Burton
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. Charles T. Hays, Special Judge. (1) The policy of entering judgments and decrees nunc pro tunc is agreeable to the maxim, Actus curiae neminem gravabit; an act of the court shall prejudice no one.
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Appeal from Howard Circuit Court. — Hon. Charles T. Hays, Special Judge. (1) The policy of entering judgments and decrees nunc pro tunc is agreeable to the maxim, Actus curiae neminem gravabit; an act of the court shall prejudice no one. Freeman on Judgments (4 Ed.) sec. 56; Broom’s Legal Maxims (7 Ed.), pp. 97-98. (2) “The office of a nunc pro tunc entry is to supply an omission in the record of actions really .had but omitted through inadvertence or mistake. ’ ’ State ex rel. v. Bird, 108 Mo. App. 168. (3) The rendition of a judgment is a judicial act; its entry upon the record is a mere…
1Opinion of the CourtWalker, J.
This is a companion case to State ex rel. Burton v. Bagby, ante page 482, decided at this term, and should be read in connection with same.
That suit was by mandamus to compel the probate Court of Howard County to probate or reject a codicil to the will of one Benjamin E. Nance. The Circuit Court of Howard County dismissed the relator’s petition in that proceeding, thereby refusing to grant the peremptory writ and, upon appeal, we affirmed its judgment.
In the instant case, Russel E. Burton, the relator in the mandamus proceeding, brought suit against the other legatees of the will of said…
2Cases cited19 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- Belkin v. RhodesSupreme Court of Missouri · 1882
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- State v. ClarkSupreme Court of Missouri · 1853
- Gibson v. HeirsSupreme Court of Missouri · 1869
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3Cited by9 opinions
- State Ex Rel. Holtkamp v. Hartmann.Supreme Court of Missouri · 1932
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- State v. KitchinSupreme Court of Missouri · 1955
- State v. MasonSupreme Court of Missouri · 1930
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