Williams v. Silvey
Missouri Court of Appeals
Error to tbe Chariton Circuit Court.—Hon. John P. Butler, Judge. (1) The doctrine that entries nunc fro tunc can not be made upon parol testimony, is elemental.
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Error to tbe Chariton Circuit Court.—Hon. John P. Butler, Judge. (1) The doctrine that entries nunc fro tunc can not be made upon parol testimony, is elemental. But giving the fullest weight to the affidavits and oral statements made upon the hearing of the motion to amend, the utmost that can be gleaned from them is that the trial judge found against defendant Walton upon both counts of the petition-—-“for the amount of notes and interest §ued on,” which is simply a variation of the language used in the instruction given for plaintiff, viz.: “for the balance due on-both notes.” Emm none of…
1Opinion of the CourtSmith, P. J.
The present writ of error is to try a judgment entered by the circuit court at the January term thereof, 1899, as of the July adjourned term (August 20th), 189G.
Williams assignee for benefit of creditors of the bank of Salisbury, sued Silvey, Walton and Pinks, as joint makers, *437for balances alleged to be due said bank on two promissory notes hereinafter set forth. Silvey pleaded a release. Walton pleaded uncredited payments. Einks made default. Issue having been joined by replication to each of said answers the cause was tried before Judge Rucker and a jury, on the twentieth of August, 1896.
Aft…
2Cases cited7 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Gamble v. DaughertySupreme Court of Missouri · 1880
- Missouri, Kansas & Eastern Railway Co. v. HolschlagSupreme Court of Missouri · 1898
- Dunn v. RaleySupreme Court of Missouri · 1874
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3Cited by7 opinions
- Gordon v. GordonMissouri Court of Appeals · 1965
- Becker v. SchutteMissouri Court of Appeals · 1900
- Tyree v. Midwest Envelope Co.Missouri Court of Appeals · 1924
- State ex rel. Gardiner v. WurdemanMissouri Court of Appeals · 1915
- Gormley v. St. Louis Transit Co.Missouri Court of Appeals · 1907
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