Legal Opinion

Cook v. Penrod

Missouri Court of Appeals

Decided February 21, 1905PublishedCited by 4 opinions

Appeal from Stoddard Circuit Court. — Hem. B. L. Wilson, Judge. (1) The action of the trial court in sustaining'motion of defendant to expunge and hold for naught the records of the circuit court, at a subsequent term to which said records were entered, was a serious error. Weber y. Schmeisser, 7 Mo. 600; Lattrielle v. Dorlique, 35 Mo. 233; Johnson y.

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Appeal from Stoddard Circuit Court. — Hem. B. L. Wilson, Judge. (1) The action of the trial court in sustaining'motion of defendant to expunge and hold for naught the records of the circuit court, at a subsequent term to which said records were entered, was a serious error. Weber y. Schmeisser, 7 Mo. 600; Lattrielle v. Dorlique, 35 Mo. 233; Johnson y. Kerhoff, 35 Mo. 291. (2) Irregularities for which a judgment may be set aside within three years after its rendition, are irregularities that must be apparent on the face of the record. Phillips y. Evans, 64 Mo. 17; Rankins y. Lawton, 17 Mo.…

1Opinion of the CourtBland, P. J.

(after stating the facts). — 1. It is elementary law that the records and proceedings of a court of record are not open to attack by oral testimony as they are conclusively presumed to have been correctly made. [1 Greenleaf on Evidence, section 19.] If this was not the law, there would be no end to inquiry and nothing would be finally settled in a court of justice however often it might be solemnly adjudicated, therefore, plaintiffs’ objection to the evidence offered to impeach the records showing the various adjournments of the Stoddard Circuit Court should have been sustained. But where the…

2Cited by4 opinions

  1. McNeill v. McNeillMissouri Court of Appeals · 1970
  2. Cook v. PenrodMissouri Court of Appeals · 1908
  3. Cook v. SpenceMissouri Court of Appeals · 1909
  4. Hines v. FelkinsSupreme Court of Missouri · 1921

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