Turner v. Christy
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. No motion to correct errors or irregularities in entering or recording judgments, can be made after the expiration of three years from the time of the rendition or recording of the same. (Downing v. Still, Adm’r of Thatcher et al., 48 Mo. 316; Dysart’s Adm’r v. Austin, 36 Mo. 47; see also Gen. Stat. 1865, ch. 172, p. 686, § 26 ; Wagn.
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Appeal from St. Louis Circuit Court. I. No motion to correct errors or irregularities in entering or recording judgments, can be made after the expiration of three years from the time of the rendition or recording of the same. (Downing v. Still, Adm’r of Thatcher et al., 48 Mo. 316; Dysart’s Adm’r v. Austin, 36 Mo. 47; see also Gen. Stat. 1865, ch. 172, p. 686, § 26 ; Wagn. Stat. 1062, § 26 ; E. C. 1855, p. 1290, § 26.) The proceedings are barred .by the general statute of limitations (Wagn. Stat. 917, § 9). This action was commenced thirteen years after the rendition of the judgment of 1857.…
1Opinion of the CourtWagner, Judge
This was a proceeding instituted in the Circuit Court by the executor of Louis A. Benoist, against the administrator and heirs of James Christy, deceased, to reform the entry of a judgment. It appears from the record that in 1857, Sanguinet H. Benoist, by his confessions in writing, authorized two judgments to be entered up against him, one in favor of Louis A. Benoist, and the other in favor of Benoist and Christy, and that the clerk by mistake entered up both judgments in favor of Benoist and Christy.
The plaintiff now asks that the name of Christy be stricken from the record in the first…
2Cases cited1 opinion
- Gibson v. HeirsSupreme Court of Missouri · 1869
3Cited by10 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Campbell v. SpottsSupreme Court of Missouri · 1932
- Evans v. FisherMissouri Court of Appeals · 1887
- Fletcher v. CoombsSupreme Court of Missouri · 1874
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