Burns v. Sullivan
Court of Appeals of Kansas
Appeal from Johnson Circuit Court. — Hon. William L. Jarrott, Judge. (1) The only judgment rendered by the court as shown by the record was the judgment actually written up by the clerk. Railroad Co- v. Holseklag, 144 Mo. 253; Bohm Bros. & Co. v. Stivers, 75 Mo. App. 291; Belkin v. Rhodes, 76 Mo. 643; Evans v. Fisher, 26 Mo.
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Appeal from Johnson Circuit Court. — Hon. William L. Jarrott, Judge. (1) The only judgment rendered by the court as shown by the record was the judgment actually written up by the clerk. Railroad Co- v. Holseklag, 144 Mo. 253; Bohm Bros. & Co. v. Stivers, 75 Mo. App. 291; Belkin v. Rhodes, 76 Mo. 643; Evans v. Fisher, 26 Mo. App. 541, loe. cit. 547; Jones v. Hart, 60 Mo. 351; Woolridge v. Quinn, 70 Mo. 370. (2) Where there is nothing to show that a judgment was actually rendered by the court different from that written up by the clerk, as in this case, no correction nunc pro tunc can be made.…
1Opinion of the CourtEllison, J.
Plaintiff brought an action of forcible entry and detainer against defendant, wherein, on appeal to the circuit court, he secured the verdict of the jury called to try the cause. A judgment was entered in the- record by the clerk of the court. Afterwards, plaintiff claimed the judgment so entered by the clerk was not the judgment rendered by the court and he began a nunc pro tunc proceeding to have en*4tered the judgment he claims the court actually rendered. His motion was sustained and a judgment nunc pro tunc entered. Defendant appealed.
The recollection of the judge or clerk or witnesses can…
2Cases cited8 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Wooldridge v. QuinnSupreme Court of Missouri · 1879
- Evans v. FisherMissouri Court of Appeals · 1887
- State v. HodgesSupreme Court of Missouri · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Saunders v. ScottMissouri Court of Appeals · 1908
- Taussig v. Southern Mill & Land Co.Missouri Court of Appeals · 1907
- Fish v. St. Louis County Printing & Publishing Co.Missouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.