Saunders v. Scott
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) No mono pro tuno judgment can be rendered unless there is some court record evidence or memoranda upon which to base the new entry. Burnside v. Wand, 170 Mo. 543; Burns y. Sullivan, 90 Mo. App. 1; Dawson v. Waldheim, 89 Mo. App. 249. (2) The respondent acted upon the original judgment, and ratified it, by taking and receiving thereunder the personal property therein mentioned.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) No mono pro tuno judgment can be rendered unless there is some court record evidence or memoranda upon which to base the new entry. Burnside v. Wand, 170 Mo. 543; Burns y. Sullivan, 90 Mo. App. 1; Dawson v. Waldheim, 89 Mo. App. 249. (2) The respondent acted upon the original judgment, and ratified it, by taking and receiving thereunder the personal property therein mentioned. Having thus availed himself of that portion of the judgment, he is estopped'from calling in question the regularity, efficiency, or entirety of the…
1Opinion of the CourtEllison, J.
This is a proceeding based upon a motion filed by defendant to correct a judgment nunc pro tunc. The motion was sustained and plaintiff appealed to this court.
Plaintiff, brought a replevin suit against defendant to recover the possession of certain farming implements and two horses. Defendant prevailed at the trial, the jury returning the following verdict: “We, the jury, find that- the right of the property and possession thereof in the property mentioned in evidence, to-wit: *212One bay horse, one black horse, one wheat drill and one Deering binder, was at the commencement of the suit in the…
2Cases cited6 opinions
- Burnside v. WandSupreme Court of Missouri · 1902
- Burns v. SullivanCourt of Appeals of Kansas · 1901
- Lexington & St. Louis Railroad v. MockbeeSupreme Court of Missouri · 1876
- Knoche v. PerryCourt of Appeals of Kansas · 1901
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Addison v. SalyerSupreme Court of Virginia · 1946
- Zach McGuire v. Kenoma, LLCSupreme Court of Missouri · 2014
- Swetnam v. US By-Products CorporationMissouri Court of Appeals · 1974
- Hupp v. Murphy Finance CompanySupreme Court of Missouri · 1973
- Short v. MorrisonMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.