Drake v. Gorrell
Missouri Court of Appeals
Error to Jackson Circuit Court.—Hon. Herman Brumbach, Judge. (1) Defendant not having appealed, the circuit court bad no jurisdiction to enter judgment in favor of defendant for costs. R. S. 1899, secs. 4059-4062. (2) The court should have affirmed the judgment of the justice or dismissed the appeal.
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Error to Jackson Circuit Court.—Hon. Herman Brumbach, Judge. (1) Defendant not having appealed, the circuit court bad no jurisdiction to enter judgment in favor of defendant for costs. R. S. 1899, secs. 4059-4062. (2) The court should have affirmed the judgment of the justice or dismissed the appeal. In no event was it proper to dismiss the case for want of prosecution, (a) The statutory affidavit and bond not having been filed by appellant nor waived by appellee, the only entry possible was dismissal or affirmance. State to use v. Hammond, 92 Mo. App. 231; Whitehead v. Cole, 49 Mo. App. 428;…
1Opinion of the CourtJohnson, J.
Plaintiff brought his action against the defendant before a justice of the peace and the Missouri Pacific Railway Company was summoned as garnishee. Judgment was taken against defendant and the garnishee. The defendant made no attempt to appeal. An appeal was allowed the garnishee to the circuit court and a transcript of the proceedings was filed in the office of the clerk of that court on the 16th day of April, 1904. In November, 1905, the cause was dismissed for want of prosecution on the day it was docketed for trial. Afterward, plaintiff brought it here by writ of error.
It appears there…
2Cases cited9 opinions
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- Roll v. CummingsMissouri Court of Appeals · 1906
- Whitehead v. Cole & RodgersMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Lake Winnebago v. SharpSupreme Court of Missouri · 1983
- State ex rel. Blair v. Garnett Mining Co.Missouri Court of Appeals · 1913
- Bartschat v. DowneyMissouri Court of Appeals · 1913
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- Clapper v. BradshawMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.