Potts v. Nahm
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Eugene McQuillin, Judge. (1) A mistake in a notice of appeal from the judgment of a justice of the peace as to the date of the judgment appealed from, will not deprive the appellant of the benefit of his appeal, if it appears that there is enough in the notice to apprise the appellee what judgment was appealed from, or if it is not shown that there is some other judgment, or unless it appears that the appellee has been misled…
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Appeal from St. Louis City Circuit Court. — Now. Eugene McQuillin, Judge. (1) A mistake in a notice of appeal from the judgment of a justice of the peace as to the date of the judgment appealed from, will not deprive the appellant of the benefit of his appeal, if it appears that there is enough in the notice to apprise the appellee what judgment was appealed from, or if it is not shown that there is some other judgment, or unless it appears that the appellee has been misled by the notice to his injury. The object is to notify, and if under a fair consideration of the notice it does so, it is…
1Opinion of the CourtReynolds, P. J.
On December 14,1908, plaintiff recovered judgment by default before John T. Sanders, Esq., a justice of the peace of the Ninth District of the city of St. Louis, on an account in the sum of $500. Defendant was a non-resident of the city of St. Louis, residing in St. Louis county, and under section 4060, R. S. 1899, he was allowed twenty days in which to take an appeal. On the 2nd of January, 1909, he filed his affidavit and bond, the latter being approved, and the appeal granted to the circuit court of the city of St. Louis. On the 20th of January, 1909, the following notice of appeal was…
2Cases cited7 opinions
- Hammond v. KroffMissouri Court of Appeals · 1889
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Stewart v. StringerSupreme Court of Missouri · 1869
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- Clay v. TurnerMissouri Court of Appeals · 1909
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