40 Mo. 61 | Mo. | 1867
delivered the opinion of the court.
It appears that an execution had been issued from the clerk’s office of the St. Louis Land Court upon a transcript of a judgment before a justice of the peace, filed therein, and that upon motion the Land Court recalled the execution and set aside the judgment of the justice. It further appears by he bill of exceptions that this judgment was rendered against Catherine Bauer, in a suit by Ignatz Bauer against Jacob
The statute provides that such judgments, from the time of filing the transcript, “ shall be under the control of the court where the transcript is filed ; may be revived and carried into effect in the same manner, and with like effect, as judgments of Circuit Courts”—R. C. 1855, p. 961, § 19. We think the Land Court had jurisdiction not only to recall the execution, but to set aside the judgment, and that the action of the court upon the motion was entirely correct and proper.
Judgment affirmed;