Harbor v. Pacific Railroad
Supreme Court of Missouri
JEhror to Osage Circuit Court. The only point in this case,'is whether, after the term at which a final judgment is rendered, the court can interfere with it. There was no irregularity in the proceedings in this cause. There was an answer regularly filed in the cause, and the issues tendered by it were presented to the jury on the trial; the answer was read to the jury at the trial.
Read the full summary
JEhror to Osage Circuit Court. The only point in this case,'is whether, after the term at which a final judgment is rendered, the court can interfere with it. There was no irregularity in the proceedings in this cause. There was an answer regularly filed in the cause, and the issues tendered by it were presented to the jury on the trial; the answer was read to the jury at the trial. The only objection is the form of the judgment entered, which is only a clerical error not affecting the regularity of the trial or the force of the judgment. (See Ashby v. Glasgow, 7 Mo. 320; Hill v. City of St.…
1Opinion of the CourtDryden, Judge
In this case, the plaintiffs sued the respondent for damages occasioned by certain excavations made by the defendant on the lands of the plaintiffs in the construction of its railroad. The petition contains three counts: in one, the damages are held at two hundred and fifty dollars; in another, at one thousand dollars, and in the third, at two thousand dollars. The defendant answered, putting in issue all the material allegations of the petition. The case was continued, from term to term, two successive terms after that at which the answer was filed. 'At the November term, 1859, the case…
2Cases cited5 opinions
- Ashby v. GlasgowSupreme Court of Missouri · 1842
- Field v. MatsonSupreme Court of Missouri · 1844
- Hill v. City of St. LouisSupreme Court of Missouri · 1855
- Kerby & Potter v. ChadwellSupreme Court of Missouri · 1847
- Brewer v. DinwiddieSupreme Court of Missouri · 1857
3Cited by19 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Downing v. StillSupreme Court of Missouri · 1869
- Glass v. GlassSupreme Court of Alabama · 1884
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
14 more not listed; retrieve them via the Exa API.