correction of a clerical error (Missouri) · Go Syfert
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correction of a clerical error in Missouri

5 Missouri opinions name it 2 courts 1921–2014 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Pirtle v. Cookgreen
mo · 1997 · cited in 2 Missouri opinions naming this issue, 1998–2014
2 sentences

2014The party seeking correction must prove that: (1) the correction does not include any “exercise of judicial discretion” because “any such change constitutes a change in the court’s judgment,” not merely a correction of a clerical error, and (2) the clerical error is “discernible from the record.” Id. (citations omitted).

1998“A clerical error is an error made in the recording of a judgment; therefore, the correction of a clerical error conforms the record to the judgment of the court.” Pirtle v. Cook, 956 S.W.2d 235, 241 (Mo.1997).

12
Childers v. Stategreen
mo · 1973 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014The evidence needed to prove the error or omission is discernible from the record is broad, as long as it can “in some way show, either from the judge’s minutes, the clerk’s entries, or some paper in the cause, the facts authorizing such [nunc pro tunc] entries.” Childers v. State, 502 S.W.2d 249, 251 (Mo.1973).

11
First National Bank of Collinsville v. Goldfarbgreen
moctapp · 1975 · cited in 1 Missouri opinions naming this issue, 1997–1997
2 sentences

1997See First Nat'l Bank v. Goldfarb, 527 S.W.2d 427, 430 (Mo.App.1975).

1997See First Nat’l Bank v. Goldfarb, 527 S.W.2d 427, 430 (Mo.App.1975).

11
Harrison v. Stategreen
mo · 1847 · cited in 1 Missouri opinions naming this issue, 1997–1997
2 sentences

1997See Harrison v. State, 10 Mo. 686, 689 (1847)(stating that power to correct or amend judgments where clerk has failed to enter judgment rendered may be more properly denominated the correction of a clerical error or omission).

1997See Harrison v. State, 10 Mo. 686, 689 (1847)(stating that power to correct or amend judgments where clerk has failed to enter judgment rendered may be more properly denominated the correction of a clerical error or omission).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Hanly v. Dewes neutral
mo · 1821
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
Hickman v. Barnes neutral
mo · 1821
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
Mullanphy v. Phillipson neutral
mo · 1822
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
State v. Clark neutral
mo · 1853
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
Stacker v. Cooper Circuit Court neutral
mo · 1857
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
Robertson v. Neal neutral
mo · 1875
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932
Davison v. Davison neutral
mo · 1907
2 sentences

1932This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l.c. 363; Harrison v. State, 10 Mo. l.c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Section 1277, Revised Statutes 1919 (Sec. 822, R.S. 1929).

1921This power has been recognized from the earliest times and frequent instances of the exercise of same are found in our reports. [Hanly v. Dewes, 1 Mo. 16 ; Hickman v. Barnes, 1 Mo. 156 ; Mullanphy v. Phillipson, 1 Mo. 188 ; Hyde v. Curling, 10 Mo. l. c. 363; Harrison v. State, 10 Mo. l. c. 689; State v. Clark, 18 Mo. 432 ; Stacker v. Cooper Circuit Court, 25 Mo. 401 ; Robertson v. Neal, 60 Mo. 579 ; Davison v. *538 Davison, 207 Mo. 702 .] Such amendments as are here authorized, are within the purview of the statute, Sec. 1277, Revised Statutes 1919.

21921–1932

Where else courts name it

CA 28 (1946–2026) TX 16 (1982–2023) HI 12 (1937–2017) OH 11 (2003–2026) AL 8 (1992–2018) VA 6 (1853–2020) UT 6 (2009–2015) FL 5 (1980–2019) NC 5 (2017–2026) MO 5 (1921–2014) AR 4 (1997–2007) LA 4 (1984–2009) TN 3 (1925–1979) NJ 3 (1999–2013) MA 3 (1917–1994) IA 2 (2007–2007) CT 2 (2002–2005) IL 2 (1989–2020) WA 2 (1957–2020) VT 2 (1986–2025) SD 2 (1999–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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