Legal Opinion

Westpheling v. Enright

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 5 opinions

Appeal from, Buchanan Circuit Cowri. I. There is nothing in the law requiring a notice of the appeal to be given in a ease of this sort. It is not like taking an appeal from a justice of the peace where the statute specially requires notice to the other party to be given. (Wagn. Stat., 120, § 8, art. 8, is controlled by Wagn. Stat., § 16, p. 311; Martin vs. White, 11 Mo., 211; Starr vs. Stewart, 18 Mo., 110; State vs. Sherman, 19 Mo. 237; Milligan vs. Dunn, 19 Mo., 613.)

1Opinion of the CourtNapton, Judge

The only question in this case is the propriety of the action of the Circuit Court of Buchanan County, in affirming a judgment rendered in th.e Probate Court, upon the motion of the plaintiff who was appellee. This motion was as follow?: “'Now, at this time comes the plaintiff and moves the court to affirm the judgment in this case, and for ground for such motion, says that defendant has not prosecuted his appeal with effect and without delay, and more than two terms of court have passed since the appeal was taken, and appellant has *280given no notice of appeal, and the appellant has not entered…

2Cases cited4 opinions

  1. Starr v. StewartSupreme Court of Missouri · 1853
  2. Martin v. WhiteSupreme Court of Missouri · 1847
  3. Milligan v. DunnSupreme Court of Missouri · 1854
  4. State v. TheveninSupreme Court of Missouri · 1853

3Cited by5 opinions

  1. Howard v. StrodeMissouri Court of Appeals · 1907
  2. Earl v. HartSupreme Court of Missouri · 1886
  3. Estate of Danforth v. GoffeMissouri Court of Appeals · 1896
  4. Hoelzel v. Kelly and DuffyMissouri Court of Appeals · 1927
  5. Young v. School DistrictMissouri Court of Appeals · 1906

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