State ex rel. Bank of Missouri v. Sanger
State ex rel. Bank of Missouri v. Sanger
Opinion of the Court
delivered the opinion of the court.
The ground on which the defendant seeks a reversal of the judgment of the court below finds no support in fact on the record. So far from it, the record contradicts the fact on
When a judgment is once regularly entered, a court will not set it aside and let in a defence but upon sufficient cause being shown. The motion set forth no reason why the judgment should be set aside, because the reasons contained in it stood contradicted by the record proper. What is in the record proper can never be contradicted by any thing contained in the bill of exceptions. If an entry in the record is false or incorrect, it should be amended when it can lawfully be done; but if a false entry is not thus obviated, it can not be contradicted, for a record imports absolute verity. (Weber v. Schmeisser, 7 Mo. 600.)
The only point properly raised by the record is whether the petition was sufficient to maintain an action. No defects have been pointed out, and, upon examining it, none occur to us.
Affirmed.'
Reference
- Full Case Name
- The State, to use of Bank of Missouri v. Sanger
- Status
- Published