Edwards v. Albrecht
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiffs were entitled to an affirmance of the judgment. R. S. 1889, secs. 6342, 6344; Cooksey v. Railroad, 17 Mo. App. 138, and cases cited. The manner of the service of the notice prescribed by the statute is exclusive. Fuller v. McCluer, 25 Mo. App. 418. (2) The statement filed with the justice was sufficient.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The plaintiffs were entitled to an affirmance of the judgment. R. S. 1889, secs. 6342, 6344; Cooksey v. Railroad, 17 Mo. App. 138, and cases cited. The manner of the service of the notice prescribed by the statute is exclusive. Fuller v. McCluer, 25 Mo. App. 418. (2) The statement filed with the justice was sufficient. Allen v. McMonagle, 77 Mo. 478. ( 3) Plaintiff may waive tort, conversion, and maintain action for goods sold and delivered, though property still in possession of defendant. Floyd v. Wiley, 1 Mo.…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the peace on an account for certain goods sold and delivered. The plaintiffs had a judgment before the justice, and the defendant appealed to the circuit court. In the latter court, the judgment of the justice was affirmed on motion of the plaintiffs for the failure of the defendant to give notice of the appeal, as required by the statute. Thereafter, on motion of the defendant, supported by an affidavit, the judgment of affirmance was set aside and the cause reinstated. To this ruling the plaintiffs took a bill of exceptions. Thereafter the cause…
2Cases cited15 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Clements v. YeatesSupreme Court of Missouri · 1879
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Boone v. StoverSupreme Court of Missouri · 1877
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
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3Cited by2 opinions
- Halsey v. MeinrathMissouri Court of Appeals · 1893
- Clark v. ClarkMissouri Court of Appeals · 1894