Hamilton v. Jeffries
Supreme Court of Missouri
APPEAL from Franklin Circuit Court, STATEMENT OF THE CASE. Charles R. Jeffries commenced an action of unlawful detainer against Hamilton before one Short, a justice of the peace in Franklin county for the possession of a piece of land.
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APPEAL from Franklin Circuit Court, STATEMENT OF THE CASE. Charles R. Jeffries commenced an action of unlawful detainer against Hamilton before one Short, a justice of the peace in Franklin county for the possession of a piece of land. On the trial before the justice, judgment was given for Jeffries within the statutory time, Hamilton applied to the justice for an appeal to the circuit court and filed his bond, &c-, and the justice granted an appeal; at the return term of thejappeal, a transcript not having been filed Hi time, ihe appellee moved the circuit court to dismiss the appeal, and…
1Opinion of the CourtRyland, J.
In the foregoing statement, the refusal of the court below to permit the appellant to perfect his appeal, by filing a sufficient affidavit and recognizance, is relied upon for the reversal of judgment below.
This is an action of forcible entry and detainer. The plaintiff, before the justice of the peace, obtained judgment; the defendant prayed an appeal to the circuit court. After the case was carried to the circuit court and the transcript filed, amotion was made to dismiss the appeal for want of a sufficient affidavit and recognizance. Before this motion was decided, the appellant moved for…
2Cited by1 opinion
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