Legal Opinion

Crosby v. Clary

Missouri Court of Appeals

Decided January 5, 1891PublishedCited by 2 opinions

Appeal from the Jackson Circuit Court. — Hon. Jas.. Gibson, Judge. (1) The court erred, in rendering judgment for the defendant. Where no notice of appeal is served on the respondent, it is mandatory on the circuit court to either affirm the judgment of the justice or dismiss the appeal. Cooksey v. Railroad, 17 Mo.

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Appeal from the Jackson Circuit Court. — Hon. Jas.. Gibson, Judge. (1) The court erred, in rendering judgment for the defendant. Where no notice of appeal is served on the respondent, it is mandatory on the circuit court to either affirm the judgment of the justice or dismiss the appeal. Cooksey v. Railroad, 17 Mo. Ápp. 182 ; Rowley v. Hinds, 50 Mo. 403; Purcell v. Railroad, 50 Mo. 504; Page v. Railroad, 61 Mo. 78 ; Town of Brownsville v. Rembert, 63' Mo. 393 ; Parmerlee v. Williams, 71 Mo. 410 ; White v. Van Houten, 51 Mo. 575 ; Talbot v. Hore, 17 Mo. App. 175. (2) The circuit court erred in…

1Opinion of the CourtSmith, P. J.

Rule 15 requires that in all cases the appellant shall file with the clerk of this court, on or before the day next preceding the day on which the cause is docketed for hearing, five copies of a printed abstract or abridgment of the record in said cause, setting forth so much thereof as is necessary to a full *224understanding of all the questions presented to this court for decision, together with a brief containing in numerical order the points or legal propositions relied on, with citation of such authorities as counsel may desire to present in support thereof. The plaintiff in this case makes…

2Cases cited8 opinions

  1. Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
  2. Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
  3. Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.Missouri Court of Appeals · 1885
  4. Rowley v. HindsSupreme Court of Missouri · 1872
  5. Purcell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872

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3Cited by2 opinions

  1. Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1908
  2. Johnson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892

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