Holdridge v. Marsh
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon.. Daniel Dillon, Judge. The court below erred in setting aside and vacating the order, affirming, the judgment of the justice, as no notice of appeal had been given by respondent to appellant, and moré than, two terms of the circuit court had elapsed between July 12, 1886, when the appeal was taken from the justice by respondent, and December 13, 1886, when the court, below affirmed the justice’s judgment.
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Appeal from the St. Louis Circuit Court, Hon.. Daniel Dillon, Judge. The court below erred in setting aside and vacating the order, affirming, the judgment of the justice, as no notice of appeal had been given by respondent to appellant, and moré than, two terms of the circuit court had elapsed between July 12, 1886, when the appeal was taken from the justice by respondent, and December 13, 1886, when the court, below affirmed the justice’s judgment. Rev. Stat., secs. 3055, 3056, and 3057; Coolcsey v. Railroad, 17 Mo. App. 132; Rowley v. Rinds, 50 Mo. 403; Ray v. Railroad,. 51 Mo. 577; Rage…
1Opinion of the CourtThompson, J.
In this case the defendant recovered a judgment before a justice of the peace, and the plaintiff appealed to the circuit court. The justice’s judgment was rendered on the eighth day of July, 1886, and the appeal was taken on the twelfth day of July, 1886. We judicially know the terms of the circuit court of the city of St. Louis, and know that the term of that court to which this appeal was returnable was the October term, 1886. During the following term, namely, the December term, 1886, the defendant appeared in the circuit court for the purpose only of moving to affirm the judgment, and…
2Cases cited6 opinions
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- White v. Van HoutenSupreme Court of Missouri · 1873
- Lee v. KaiserSupreme Court of Missouri · 1883
- Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.Missouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- McIlvain v. KavorinosSupreme Court of Missouri · 1949
- Segall v. GarlichsSupreme Court of Missouri · 1926
- McClain v. Kansas City Bridge Co.Supreme Court of Missouri · 1935
6 more not listed; retrieve them via the Exa API.