Orchard v. National Exchange Bank
Missouri Court of Appeals
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. A judgment rendered outside of the pleadings in a case, and outside of the issues framed, and unsupported by the evidence, is improper and will be reversed. In such case the matter of the judgment is not litigated, and the judgment could only be rendered by consent. It is no answer to say in-such case that the party is not prejudiced. He has a right to complain if the judgment is not within the pleadings.
Read the full summary
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. A judgment rendered outside of the pleadings in a case, and outside of the issues framed, and unsupported by the evidence, is improper and will be reversed. In such case the matter of the judgment is not litigated, and the judgment could only be rendered by consent. It is no answer to say in-such case that the party is not prejudiced. He has a right to complain if the judgment is not within the pleadings. Smith v. Railroad, 92 Mo. App. 41. The court can give judgment for things not asked for in the prayer but included in the…
1Opinion of the CourtNortoni, J.
The record before us shows the following regular and irregular proceedings to have been liad in the circuit court of Oregon county. First, we find a judgment in regular form for the recovery of money entered by said court at its February term, 1905, in favor of James Orchard, defendant in error, as plaintiff there and against the National Exchange Bank, plaintiff in error here, as defendant there, for $364, together with interest and for costs, “and that the plaintiff have execution for said judgment and costs.” It is from this judgment that the bank has sued out and now prosecutes this writ…
2Cases cited11 opinions
- Hope v. BlairSupreme Court of Missouri · 1891
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Newham v. KentonSupreme Court of Missouri · 1883
- Brown v. WoodySupreme Court of Missouri · 1877
- Kansas City, Clinton & Springfield Railway Co. v. CarlisleSupreme Court of Missouri · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Drilling & Exploration Corp. v. WebsterCourt of Appeals for the Ninth Circuit · 1934
- Plymouth Securities Company v. JohnsonSupreme Court of Missouri · 1960
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
- Maginn v. SchmickMissouri Court of Appeals · 1907
- Jones v. Alf. Bennett Lumber Co.Missouri Court of Appeals · 1913