Lexington & St. Louis Railroad v. Mockbee
Supreme Court of Missouri
Error to Pettis County Circuit Court. I. The original entry of judgment in this cause was a nullity. (Catichevs. Circuit Court, 1 Mo. 486: Caldwell vs. Stephens, 57 Mo. 589.) II. There was no entry on the judge’s docket, or other record evidence,-authorizing the judgment entered nunc pro time.
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Error to Pettis County Circuit Court. I. The original entry of judgment in this cause was a nullity. (Catichevs. Circuit Court, 1 Mo. 486: Caldwell vs. Stephens, 57 Mo. 589.) II. There was no entry on the judge’s docket, or other record evidence,-authorizing the judgment entered nunc pro time. (Norfolk vs. Pate-, 25 Mo. 597 ; Pockman vs. Meatt, 49 Mo. 348 ; Saxton vs. Smith, 50 Mo. 490 ; Dunn vs. Raley, 58 Mo. 134 ; Jones vs. Hart, 60 Mo. 354.) In Jones vs. Hart, which is a very similar though not so strong a case as the one at bar, this court held that there was no “mere clerical mistake ”…
1Opinion of the CourtWagner, Judge
This was a writ of error, prosecuted from a judgment of the circuit court making an entry nunc pro tunc. From the record it appears that on January 6th, 1869, commissioners were appointed by the circuit judge of Petfis county, on the petition of the plaintiff, to assess the damages, if any, caused to the lands of the defendant by reasons of the plaintiff’s road being located over and through them.
The 9th section of the plaintiff’s charter, under which the proceedings were had, provides, that: “if any owner of any tract of land through which such railroad shall pass, shall refuse to relinquish…
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