Pockman v. Meatt
Supreme Court of Missouri
Error to Linn Circuit Court The proceedings in these cases grow out of a suit for partition of the lands belonging to the estate of John B. Pockman, deceased, in Linn county. The suit was commenced on the 6th day of August, 1866, by filing a petition for partition in the office of the clerk of the Circuit Court of said county. On the 6th day of August, 1867, a final judgment and decree of partition was made.
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Error to Linn Circuit Court The proceedings in these cases grow out of a suit for partition of the lands belonging to the estate of John B. Pockman, deceased, in Linn county. The suit was commenced on the 6th day of August, 1866, by filing a petition for partition in the office of the clerk of the Circuit Court of said county. On the 6th day of August, 1867, a final judgment and decree of partition was made. In this final decree, as entered by the clerk, no finding of the interests of the parties in the lands was made. At the April term, 1868, of said Circuit Court, the sheriff made his…
1Opinion of the CourtBliss, Judge
As the order in partition stood when the original writ of error issued, it was erroneous, and it is not clear that the nunc pro tunc order was properly made. Courts have a right, even after appeal, to correct obvious errors in the records, not by entering orders and judgments which should have been made, but rather those which were actually made but which the clerk neglected to enter.
The order in this case lo.oks very much like the correction of an erroneous judgment rather than the correction of an erroneous entry of a correct judgment. The former will not be permitted, while the latter is…
2Cases cited3 opinions
- DeKalb County v. HixonSupreme Court of Missouri · 1869
- Downing v. StillSupreme Court of Missouri · 1869
- Pentz v. KuesterSupreme Court of Missouri · 1867
3Cited by10 opinions
- Austin v. LoringSupreme Court of Missouri · 1876
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Cochran v. ThomasSupreme Court of Missouri · 1895
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Hector v. MannSupreme Court of Missouri · 1910
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