Stacker v. Cooper Circuit Court
Supreme Court of Missouri
Application for a mandamus. In his application to the Supreme Court for a mandamus, the applicant, George Stacker, sets forth that he instituted a suit upon an account before a justice of the peace against one David Andrews ; that he recovered judgment against the defendant before the justice ; that the defendant appealed to the circuit court of Cooper county; that at the March term, 1855, of said circuit court, the cause was referred, by consent of parties, to Isaac…
Read the full summary
Application for a mandamus. In his application to the Supreme Court for a mandamus, the applicant, George Stacker, sets forth that he instituted a suit upon an account before a justice of the peace against one David Andrews ; that he recovered judgment against the defendant before the justice ; that the defendant appealed to the circuit court of Cooper county; that at the March term, 1855, of said circuit court, the cause was referred, by consent of parties, to Isaac Lion-berger, and was continued for his report until the next term of said court; that said Lionberger did not make any report…
1Opinion of the CourtScott, Judge
We see no ground in the present application for a writ of mandamus against the judge of the first judicial circuit. Regularly, after the term at which a final judgment is entered, it can not be affected by the court in which it is rendered. But if the judgment is irregular, such as might be recalled by writ of error coram voids, then the court may on motion correct the irregularity. Here the final judgment was en*404tered when, the order of reference was still in force. It will be seen by turning to the act concerning arbitrations (R. C. 1845, p.-,) that the failure of the referees to report…
2Cited by22 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Jones v. HartSupreme Court of Missouri · 1875
- Glass v. GlassSupreme Court of Alabama · 1884
- Showles v. FreemanSupreme Court of Missouri · 1884
17 more not listed; retrieve them via the Exa API.