Kennedy v. McNichols
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Gteobge W. Ltjbke, Judge. Notice of appeal not having been given to appellant at least ten days before the December term, appellant was entitled to a dismissal of the appeal, and the court erred in overruling her motion to dismiss. Rev. Stat., 1879, sec. 3057. Plaintiff' waived the notice required by statute by a voluntary appearance in the circuit court to the case upon its-merits.
1Opinion of the CourtLewis, P. J.
The record shows that, on July 2, 1886, the plaintiff obtained a judgment against the defendant before a justice of the peace. On July 6, the defendant took an appeal, which was returnable to the October term of the circuit court. No notice of the appeal was given to the appellee, and the cause was continued to the December term. On January 14, 1887, the *12plaintiff filed a motion to dismiss the appeal for want of notice, and, on January 28, this motion was overruled. Again the cause went over to the next term, and on March 8, 1887, was dismissed by the court for want of prosecution. On March…
2Cases cited8 opinions
- State v. BrownSupreme Court of Missouri · 1882
- Turley v. EdwardsMissouri Court of Appeals · 1885
- Bauer v. CabanneMissouri Court of Appeals · 1881
- Cress v. BlodgettSupreme Court of Missouri · 1877
- Johnson v. LongSupreme Court of Missouri · 1880
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3Cited by1 opinion
- Redman v. Territory of OklahomaSupreme Court of Oklahoma · 1894