Missouri, Kansas & Eastern Railway Co. v. Holschlag
Supreme Court of Missouri
Appeal from Montgomery . Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in refusing to enter the judgment nunc pro tunc. The record in all its parts, together with all the official memoranda in the case, shows a clear mistake on the part of the clerk, and furnishes convincing proof that the judgment should have been entered on December 21 instead of December 19. The motion for new trial was in time if we exclude Sunday and Christmas day.
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Appeal from Montgomery . Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in refusing to enter the judgment nunc pro tunc. The record in all its parts, together with all the official memoranda in the case, shows a clear mistake on the part of the clerk, and furnishes convincing proof that the judgment should have been entered on December 21 instead of December 19. The motion for new trial was in time if we exclude Sunday and Christmas day. It has been decided that Sundays must be excluded, and the same reason will exclude Christmas, which is the Sunday of Sundays. Gamble v.…
1Opinion of the CourtWilliams, J.
The. circuit court overruled appellant’s application for a nunc pro tunc entry of the judgment in this case. The record shows that said judgment was rendered on the nineteenth of December, 1893, but appellant claims that it was in fact rendered on the twenty-first of said month. This ruling presents the first question for decision.
Plaintiff below, the appellant here, claimed to have acquired a right of way for its railroad across defendants’ farms, and alleged that they, with weapons and violent means, were forcibly resisting the construction of said railroad over said lands, and asked an…
2Cases cited3 opinions
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Gamble v. DaughertySupreme Court of Missouri · 1880
3Cited by17 opinions
- Chester v. GravesCourt of Appeals of Kentucky · 1914
- Campbell v. SpottsSupreme Court of Missouri · 1932
- EC Robinson Lumber Company v. HazelMissouri Court of Appeals · 1954
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
- Coy v. LandersMissouri Court of Appeals · 1910
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