Pattison v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon. Jno. A. Hocicay day, Judge. (1) The plaintiff waived the notice of appeal by appearing at the first term after the November term) 1900, and therefore the court erred in sustaining the motion to affirm the judgment of the justice of the peace at the April term, 1901. Bates v. Scott, 26 Mo. App. 428; Brewing Co'. v. Hauessler, 11 Mo. App. 381; Talbot v. llore, II Mo. App. 115; Deatley v. Potter, 29 Mo.
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Appeal from Howard Circuit Court. — Hon. Jno. A. Hocicay day, Judge. (1) The plaintiff waived the notice of appeal by appearing at the first term after the November term) 1900, and therefore the court erred in sustaining the motion to affirm the judgment of the justice of the peace at the April term, 1901. Bates v. Scott, 26 Mo. App. 428; Brewing Co'. v. Hauessler, 11 Mo. App. 381; Talbot v. llore, II Mo. App. 115; Deatley v. Potter, 29 Mo. App. 225; Page v. Railroad, 61 Mo. 18; Kenner v. Lead Co., 141 Mo. 251. (2) Having appeared to the application for continuance at the November term, 1900,…
1Opinion of the CourtBroaddus, J.
This action was begun in a justice’s court where judgment was rendered for the plaintiff, from which the defendant appealed to the circuit court, of the county. The judgment in the justice’s court was rendered on November 5, 1900, and the appeal was taken on the fifteenth of said month in time for the November term of the circuit court. No notice of appeal was given and the case was continued to the next April term of the court at the cost of. *645the defendant. The defendant still failing to give the statutory notice required in such cases, the plaintiff appeared and moved the court to affirm…
2Cases cited3 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Bates v. Scott Bros.Missouri Court of Appeals · 1887
- In re Joseph Uhrig Brewing Co.Missouri Court of Appeals · 1882
3Cited by1 opinion
- Morgan v. Garretson & Greason Lumber Co.Missouri Court of Appeals · 1904