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STATE EX REL. STATE FARM MUT. AUTO. INS. CO. v. MURRAY

No. 33074.

438 S.W.2d 300 (1969)

STATE of Missouri ex rel. and to Use of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. Herman MURRAY, Principal, and United Bonding Insurance Company, a Corporation, Surety, Defendants, United Bonding Insurance Company, a Corporation, Surety, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

February 18, 1969.

Attorney(s) appearing for the Case

John J. Donnelly, St. Louis, for plaintiff-appellant.

Robert H. Blanke, University City, for defendant-respondent.

CLEMENS, Commissioner.

Just what judgment has a trial rendered when a written motion is submitted and the judge merely signs and marks it "So ordered", and there is neither minute nor record entry spelling out the court's order?

The plaintiff sued on a surety bond. The defendant surety company moved to dismiss the petition for failure to state a cause of action. This motion was submitted and sustained. Plaintiff promptly filed a motion to set aside the dismissal...

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