Webster v. Blount
Supreme Court of Missouri
Appeal from Audrain Circuit Court. I. The court below committed error by receiving parol evidence to show the authority of W. R. Roberts to change the return on the attachment — R. C. 1855, p.1257. The acts of a court can be proven only by its records — 8 Mo. 535; 12 Mo. 598; 13 Mo. 511; 1 Pet. 340. The courts by order may permit an officer to amend his return, but not in cases to the prejudice of parties to the suit — 9 Mo. 28. But it may be done in furtherance of justice —…
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Appeal from Audrain Circuit Court. I. The court below committed error by receiving parol evidence to show the authority of W. R. Roberts to change the return on the attachment — R. C. 1855, p.1257. The acts of a court can be proven only by its records — 8 Mo. 535; 12 Mo. 598; 13 Mo. 511; 1 Pet. 340. The courts by order may permit an officer to amend his return, but not in cases to the prejudice of parties to the suit — 9 Mo. 28. But it may be done in furtherance of justice — 8 Mo. 334; 23 Mo. 223; 27 Mo. 227. Much less should the officers be permitted to amend to the injury of persons who…
1Opinion of the CourtWagner, Judge
The assignment of errors and the exceptions- saved on the record present two points to be determined here: first, the action of the court in permitting parol evidence to be introduced in regard to the amendment of the sheriff’s return; and secondly, the objection taken to the insufficiency of the sheriff’s deed for uncertainty of description. Courts have always exercised the power of permitting amendments to be made to promote the ends of justice and make the return conform to the truth — Blaisdell v. St. Bt. Wm. Pope, 19 Mo. 157; Corby, &c. v. Burnes et al., 36 Mo. 194. And where the…
2Cases cited5 opinions
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Blaisdell v. Steamboat William PopeSupreme Court of Missouri · 1853
- Hart v. RectorSupreme Court of Missouri · 1842
- Corby v. BurnsSupreme Court of Missouri · 1865
- Bates v. Bank of MissouriSupreme Court of Missouri · 1851
3Cited by15 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Feurt v. CasterSupreme Court of Missouri · 1903
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Phillips v. EvansSupreme Court of Missouri · 1876
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