Hyatt v. Wolfe
Missouri Court of Appeals
Error to Johnson Circnit Court, Hon. Noah M, Ctvan, Judge. Motion for re-hearing overruled. Statement of case.' This is an action, in the nature of a bill in equity, to vacate certain entries, in the form of judgments, made by the circuit court of Johnson county.
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Error to Johnson Circnit Court, Hon. Noah M, Ctvan, Judge. Motion for re-hearing overruled. Statement of case.' This is an action, in the nature of a bill in equity, to vacate certain entries, in the form of judgments, made by the circuit court of Johnson county. The undisputed facts, as alleged in the petition, and established at the trial, are, that at the February term, 1877, of said court, the plaintiff recovered judgment against the defendant, founded on a promissory note, for the sum of $439.36. After said term, in vacation, the defendant filed his petition with the clerk to have said…
1Opinion of the CourtPhilips, P. J.
I. It is to be inferred from the strenuousness with which defendant’s counsel urge the point that the trial court may have placed its conclusion upon the ground that this action was barred by the three years’ limitation prescribed in section 3636, Revised Statutes, which declares that: “If such petition for review be not filed within three years after such final judgment is rendered, the same shall stand absolute, whether notice thereof be given or not.”
This refers to the proceeding provided for in section 3684, of the same statute, which is as follows : “ When such interlocutory judgment…
2Cases cited6 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Hunter v. HunterSupreme Court of Missouri · 1872
- California Beet Sugar Co. v. PorterCalifornia Supreme Court · 1886
- Holden v. VaughanSupreme Court of Missouri · 1877
- Purdy v. GaultMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. DriskillSupreme Court of Missouri · 1887
- Cole v. ColeMissouri Court of Appeals · 1901
- Stripe Ex Rel. Shannon v. MeffertSupreme Court of Missouri · 1921
- Green v. GreenSupreme Court of Missouri · 1894
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.