Farley Bros. v. Cammann
Missouri Court of Appeals
Appeal from the Jactes on Circuit Court. — Hon. J. H, Slover, Judge. (1) The last entry, made nunc pro tunc, is a judgment against both defendants. One of defendants being a married woman, this was error; while it might not be void in a collateral proceeding, it is error. Mustek, v. Dodson, 76 Mo. 624; Baun v. Bauer, 40 Mo. 61; Higgins v. Pellzer, 49 Mo. 152. (2) The first judgment "entry was the judgment actually rendered by the court; hence there was nothing to correct.
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Appeal from the Jactes on Circuit Court. — Hon. J. H, Slover, Judge. (1) The last entry, made nunc pro tunc, is a judgment against both defendants. One of defendants being a married woman, this was error; while it might not be void in a collateral proceeding, it is error. Mustek, v. Dodson, 76 Mo. 624; Baun v. Bauer, 40 Mo. 61; Higgins v. Pellzer, 49 Mo. 152. (2) The first judgment "entry was the judgment actually rendered by the court; hence there was nothing to correct. It was a correct entry of the judgment, asked by parties and actually rendered. The testimony shows this. (3) But where…
1Opinion of the CourtGill, J.
The petition in this case charges that plaintiff under a contract with the two defendants, Lillian and Francis Cammann, did certain work and furnished certain materials, for the erection of a dwelling-house on a lot in Kansas City alleged to belong to said .defendants ; that the same had not been paid for ; that the account sworn to, etc., had been hied, and asks for the enforcement of a mechanics’ lien. On the trial of the cause before the court, jury being waived, the court found the issues for the plaintiffs, as appears by the following memorandum entry on the judge’s docket: “ T. 1-24, by…
2Cases cited2 opinions
- Evans v. FisherMissouri Court of Appeals · 1887
- Fink v. AldersonMissouri Court of Appeals · 1886
3Cited by11 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
- Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
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