17 Mo. 601 | Mo. | 1853
delivered the opinion of the court.
Garnett commenced an action against John O. Aydelott, before the above named Stacy, who was a justice of the peace in Miller township, Marion county. It appears from the justice’s docket, that, on a trial between Garnett and Aydelott, the following entry was made: “Both parties appeared, and after hearing the testimony on behalf of the plaintiff, as well as the defendant, judgment for defendant for costs of suit expended.” This was in November, 1848. On the 14th of November, 1851, Garnett applied to the Circuit Court of Marion county, for a mandamus on the justice to compel him to amend his docket, so as to make it appear that he was nonsuited, and not that there was a judgment on the merits against him. The application averred, that the suit was dismissed for the reason that it had been improperly brought on a copy of the note which was the foundation of it, and that the above entry was not made in the justice’s docket until a’long time after the cause had been disposed of ; far beyond the time allowed for an appeal. Stacy, the justice, denied all the allegations in the application for a mandamus, and maintained, that there was a fair trial of the cause between the parties on the merits, and that judgment was entered accordingly. Upon this answer, judgment was rendered for Stacy.
The other judges concurring, the judgment will-be affirmed.