Priest v. McMaster
Supreme Court of Missouri
Error to Macon Circuit Court. I. An amendatory or nunc fro tunc entry can be made after tbe term at which the proceeding was had, and after the matter had ceased to be in fieri, only when the record itself, or at most entries quasi of record, such as those made by the Judge upon his docket, or the clerk upon his minute book, discloses what actually took place.
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Error to Macon Circuit Court. I. An amendatory or nunc fro tunc entry can be made after tbe term at which the proceeding was had, and after the matter had ceased to be in fieri, only when the record itself, or at most entries quasi of record, such as those made by the Judge upon his docket, or the clerk upon his minute book, discloses what actually took place. (Moody vs. Grant, 41 Miss., 565 Makepeace vs. Lukens, 27 Ind., 435 ; Summersett vs. Summersett, 40 Alabama, 596 ; Harris vs. Martin, 39 Ala., 556 ; DeCastro vs. Richardson, 25 Cal., 49 ; Wilson vs. McEvoy, 25 Cal., 169; Wallahan vs.…
1Opinion of the CourtWag-nek, Judge
The record in this case raises but one single point and that is the action of the Court in sustaining the plaintiff’s motion for a nunc fro tunc entry of appearance by the administrator; *62as to the propriety of the subsequent judgment, there can be no question.
The case shows that Eliza E. Smarr filed in the Probate Court of Marion County a claim against the estate of McMasters, and after judgment.in that court the cause was appealed and thence transferred by change of venue to the Macon County Circuit Court. During the pendency of the case in the Circuit Court, Mrs. Smarr died, and Priest the…
2Cases cited1 opinion
- Gibson v. HeirsSupreme Court of Missouri · 1869
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