Stewart v. Stringer
Supreme Court of Missouri
Appeal from, the St. Charles Circuit Court. The judgment in this suit is founded on an error of fact, and may be set aside on motion at any time. There is no limitation in our statute book to proceedings to correct such judgments — Powell v. Gott, 13 Mo. 458 ; Randall v. Wilson, 24 Mo. 76. • The sheriff had a right by leave of court to amend his return to suit the facts at any time — Randalls v. St. Bl. Wm.
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Appeal from, the St. Charles Circuit Court. The judgment in this suit is founded on an error of fact, and may be set aside on motion at any time. There is no limitation in our statute book to proceedings to correct such judgments — Powell v. Gott, 13 Mo. 458 ; Randall v. Wilson, 24 Mo. 76. • The sheriff had a right by leave of court to amend his return to suit the facts at any time — Randalls v. St. Bl. Wm. Pope, 19 Mo. 157; Corby, Ass., &c. v. Burns et als., 36 Mo. 194; Webster et al. v. Blunt et al., 39 Mo. 500. The court ought to have admitted the evidence showing that Joseph W. Ruenzi…
1Opinion of the CourtWagner, Judge
This appeal is prosecuted from a judgment of the St. Charles Circuit Court overruling a motion to set aside a prior judgment rendered therein. It appears from the record that at the March term, 1862, of the said court the plaintiffs recovered judgment on a promissory note against the defendants William Stringer, Elizabeth Stringer, and Joseph W. Ruenzi. There was no appearance to the action on the part of the defendants, and judgment was taken by default. At the November term, 1865, of the court, upon due notice given to the plaintiffs, Ruenzi presented his motion to set aside the judgment,…
2Cases cited3 opinions
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3Cited by23 opinions
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- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- Stewart v. StewartWest Virginia Supreme Court · 1885
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- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
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