Lowry v. Phillips
Missouri Court of Appeals
Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. The circuit court had jurisdiction of the cause both as to the parties and the subject-matter in controversy, and therefore erred in sustaining plaintiffs motion for new trial and his motion in arrest of judgment, and then, after the defendant, by leave of the court, had filed an amended affidavit for appeal, strictly complying with the provisions of the present statute, on plaintiff’s oral motion,…
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Appeal from the Putnam Circuit Court. — Hon. Andrew Ellison, Judge. The circuit court had jurisdiction of the cause both as to the parties and the subject-matter in controversy, and therefore erred in sustaining plaintiffs motion for new trial and his motion in arrest of judgment, and then, after the defendant, by leave of the court, had filed an amended affidavit for appeal, strictly complying with the provisions of the present statute, on plaintiff’s oral motion, dismissing the appeal. Welsh v. Railroad, 55 Mo. App. 599. There was no error committed by the court in granting the new trial…
1Opinion of the CourtSmith, J.
— This was a suit commenced before a justice of the peace before whom the plaintiff had judgment from which the defendant appealed. The affidavit for the appeal was made in conformity to the requirements of section 3043, Revised Statutes, 1879. There was a trial de novo in the circuit court, both parties participating therein, which resulted in a verdict for the defendant, which on motion of plaintiff was subsequently set aside. Thereupon the defendant offered to file an affidavit for an appeal as required by section 6330 Revised Statutes, 1889. This offer was rejected by the court. The court…
2Cases cited4 opinions
- McNewis Executors v. RogersTennessee Supreme Court · 1850
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Pearson v. GillettMissouri Court of Appeals · 1893
- Long Bros. v. Bolen Coal Co.Missouri Court of Appeals · 1894
3Cited by2 opinions
- Leeper v. CarterMissouri Court of Appeals · 1909
- Moston v. StowMissouri Court of Appeals · 1902