Jones v. Hart
Supreme Court of Missouri
Error io DeKaLb Circuit Court. I. The judgment, as originally entered, was erroneous, (Kritzer vs. Smith, 21 Mo., 296.) II. The minutes of the court do not show that any judgment was ever ordered on the verdict. III. The failure of a court to act, or its ineotrect action, can never authorize a nunc pro tuno entry.
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Error io DeKaLb Circuit Court. I. The judgment, as originally entered, was erroneous, (Kritzer vs. Smith, 21 Mo., 296.) II. The minutes of the court do not show that any judgment was ever ordered on the verdict. III. The failure of a court to act, or its ineotrect action, can never authorize a nunc pro tuno entry. If no judgment is rendered, or if an imperfect one is rendered, the court has no power to remedy any of these errors or omissions by treating them as clerical misprisions. In all cases in which such an entry can be made, the record must show the facts authorizing it; and this power…
1Opinion of the CourtHough, Judge
At the October term, 1873, of the DeKalb Circuit Court, in an action by attachment, to which the defendant-appeared, a verdict was rendered in favor of plaintiff, and against the defendant, for the sum of four thousand six hundred and thirty-four dollars and ninety one cents, on which verdict a judgment was entered of record, for the recovery of said sum, and directing the property attached to be sold; and if it should be found insufficient to satisfy the judgment, then diz'eetinga levy to be made upon other property of tbe defendant.
At the April term, 1874, the defendant filed a motion…
2Cases cited9 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Kritzer v. SmithSupreme Court of Missouri · 1855
- Saxton v. SmithSupreme Court of Missouri · 1872
- Branstetter v. RivesSupreme Court of Missouri · 1864
- Stacker v. Cooper Circuit CourtSupreme Court of Missouri · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Burnside v. WandSupreme Court of Missouri · 1902
- Belkin v. RhodesSupreme Court of Missouri · 1882
- State v. GartrellMissouri Court of Appeals · 1903
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Showles v. FreemanSupreme Court of Missouri · 1884
23 more not listed; retrieve them via the Exa API.