Gamble v. Daugherty

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSHERWOOD
Citation71 Mo. 599
PartiesGAMBLE v. DAUGHERTY, Plaintiff in Error.
Decision Date30 April 1880

71 Mo. 599

GAMBLE
v.
DAUGHERTY, Plaintiff in Error.

Supreme Court of Missouri.

April Term, 1880.


Error to Carroll Circuit Court.--HON. E. J. BROADDUS, Judge.

REVERSED.

This was an action of ejectment in the ordinary form, brought by Martha J. Gamble and Permelia J. Leonard and Thomas Leonard, her husband. Before the trial,

[71 Mo. 600]

Martha J. Gamble died. No steps were taken to bring in her successors in interest. At the April term, 1874, and on the 23rd of that month, the cause was tried, and the minute book of the clerk for that term shows the following entry:

Gamble et al., v. Daugherty. Judgment for surviving plaintiff for lands sued for, and one cent damages. Writ of possession. Mistake in deed corrected.”

And on the record book for that term appeared the following entry:

Martha J. Gamble, plaintiff, v. George Daugherty.

Following this was a blank space, as though left to insert an entry showing a trial, judgment or some action of the court in the premises; but this blank space was never filled. The present writ of error bears date April 3rd, 1877.

On the 12th of April, 1877, the defendant filed his motion, suggesting to the court that a final judgment had been entered against him in the cause, but that the clerk had failed to enter the same upon record; that defendant felt himself aggrieved by said judgment, and desired to take the cause to the Supreme Court for review, and to that end had obtained a writ of error, and praying that an entry of the judgment as rendered might then be made as of the 23d of April, 1874. This motion coming on to be heard at the July term, 1877, the defendant, in support of it, read in evidence the pleadings in the case and the foregoing entries in the minute and record books, and exhibited the blank space in the record book. He also offered parol evidence to show what deed was referred to in the entry on the minute book and what the mistake intended to be corrected was; but, on plaintiff's objection, this evidence was excluded. The court thereupon overruled so much of defendant's motion as sought to have the judgment specify what deed and what mistake were intended to be corrected, and sustained the...

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28 practice notes
  • Kansas City v. Jones Store Co., No. 29710.
    • United States
    • United States State Supreme Court of Missouri
    • June 3, 1930
    ...v. Sherwood, 242 Mo. 513; Solomon v. Light & Power Co., 303 Mo. 622; Swift v. Ry. Co. (Mo. App.), 15 S.W. (2d) 964; Gamble v. Daugherty, 71 Mo. 599; Kansas City v. Woerishoeffer, 249 Mo. 25; Reed v. Colp, 213 Mo. 577. (2) No Land was Left Out. Lots 244 and 253, Block 18, McGee's Addition, o......
  • State ex rel. Thompson v. Terte, No. 40241.
    • United States
    • United States State Supreme Court of Missouri
    • December 8, 1947
    ...Girardeau & C. Ry. Co., 147 Mo. App. 262, 126 S.W. 524; Moorshead v. United Rys. Co., 119 Mo. App. 541, 96 S.W. 261; Gambel v. Daugherty, 71 Mo. 599; Crawford v. C., R.I. & P. Ry. Co., 171 Mo. 75, 66 S.W. 350; Callahan v. Huhlman, 339 Mo. 634, 98 S.W. (2d) 704; Cole v. Parker Washington, 20......
  • State ex rel. Holtkamp v. Hartmann., No. 31754.
    • United States
    • Missouri Supreme Court
    • May 16, 1932
    ...of the court, and it is therefore void. Hyde v. Curling, 10 Mo. 359, 363; Gibson v. Chouteau's Heirs, 45 Mo. 171; Gamble v. Daugherty, 71 Mo. 599; Railway v. Holschlag, 144 Mo. 253; Evens v. Fisher, 26 Mo. App. 546; Fletcher v. Coombs, 58 Mo. 430; Robertson v. Neal, 60 Mo. 579; Martin v. Sc......
  • State v. Gartrell
    • United States
    • United States State Supreme Court of Missouri
    • February 3, 1903
    ...the fact that an appeal has been taken from its judgment. Bank v. Allen, 68 Mo. 474; De Kalb Co. v. Hixon, 44 Mo. 341; Gamble v. Daugherty, 71 Mo. 599; Crawford v. Ry. Co. (Mo.) 66 S. W. 351. These are fundamental principles, and again and again it has been decided by this court that, when ......
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20 cases
  • Kansas City v. Jones Store Co., No. 29710.
    • United States
    • United States State Supreme Court of Missouri
    • June 3, 1930
    ...Sherwood, 242 Mo. 513; Solomon v. Light & Power Co., 303 Mo. 622; Swift v. Ry. Co. (Mo. App.), 15 S.W. (2d) 964; Gamble v. Daugherty, 71 Mo. 599; Kansas City v. Woerishoeffer, 249 Mo. 25; Reed v. Colp, 213 Mo. 577. (2) No Land was Left Out. Lots 244 and 253, Block 18, McGee's Addition, ......
  • State ex rel. Thompson v. Terte, No. 40241.
    • United States
    • United States State Supreme Court of Missouri
    • December 8, 1947
    ...& C. Ry. Co., 147 Mo. App. 262, 126 S.W. 524; Moorshead v. United Rys. Co., 119 Mo. App. 541, 96 S.W. 261; Gambel v. Daugherty, 71 Mo. 599; Crawford v. C., R.I. & P. Ry. Co., 171 Mo. 75, 66 S.W. 350; Callahan v. Huhlman, 339 Mo. 634, 98 S.W. (2d) 704; Cole v. Parker Washington, 207 ......
  • State v. Gartrell
    • United States
    • United States State Supreme Court of Missouri
    • February 3, 1903
    ...the fact that an appeal has been taken from its judgment. Bank v. Allen, 68 Mo. 474; De Kalb Co. v. Hixon, 44 Mo. 341; Gamble v. Daugherty, 71 Mo. 599; Crawford v. Ry. Co. (Mo.) 66 S. W. 351. These are fundamental principles, and again and again it has been decided by this court that, when ......
  • Johnston v. Ragan, No. 16216.
    • United States
    • United States State Supreme Court of Missouri
    • June 29, 1915
    ...here by plaintiff became as much a part of the abstract filed by defendants as if originally incorporated therein. Gamble v. Daugherty, 71 Mo. 599. Thus made to speak the full truth, it showed, not only Judge Park's authority to sit in the trial of the case, but that he continued to sit unt......
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