Randolph v. Sloan
Supreme Court of Missouri
Error to Marion Circuit Court. I. It is too late to move to set aside a judgment after final decree. (Wagn. Stat., 1052, §§ 4, 5 ; Matthews vs. Cook, 35 Mo., 286.) The «rule that courts may modify or set aside its entries during the term at which they are made, does not include the power to set aside judgments lawfully rendered, especially after the term has passed.
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Error to Marion Circuit Court. I. It is too late to move to set aside a judgment after final decree. (Wagn. Stat., 1052, §§ 4, 5 ; Matthews vs. Cook, 35 Mo., 286.) The «rule that courts may modify or set aside its entries during the term at which they are made, does not include the power to set aside judgments lawfully rendered, especially after the term has passed. (Ashly vs. Glasgow, 7 Mo., 423; Bartling vs. Jamison, 44 Mo., 141.) I. The judgment is in the breast of the court, and becomes a finality only by the adjournment of the court. The action of the court in granting a motion made…
1Opinion of the CourtSherwood, Judge
The plaintiff, "Wm. Randolph, alleged in his petition, in subtance, that Robert H. Sloan, the brother of the defendant, conveyed to the latter certain real estate, and that such conveyance was made with intent to hinder, delay and defraud creditors, etc.; that upon a judgment rendered in behalf of one Dunn against Robert H. Sloan, execution issued'and a sale of the laud thus conveyed took place; at which sale plaintiff became the purchaser, receiving a deed from the sheriff therefor, etc. The usual relief is then prayed for. The non-residence of the defendant having been alleged, publication…
2Cases cited1 opinion
- Illingworth & Clark v. MiltenbergerSupreme Court of Missouri · 1847
3Cited by6 opinions
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- L. H. Rumsey Manufacturing Co. v. BakerMissouri Court of Appeals · 1889
- Bishop v. SealMissouri Court of Appeals · 1902
- Carr v. DawesMissouri Court of Appeals · 1890
- Carr v. DawesMissouri Court of Appeals · 1891
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