Pifer v. Stanley
Missouri Court of Appeals
Appeal from the Dallas Circuit Court. — IIon. Argus Cox, Judge. , (1) This cause will have to be reversed and not remanded, for the reason that the circuit court nor this court acquired jurisdiction, there being nothing in the record showing that the affidavit for an appeal from the justice’s court was filed within the time provided by law. Kelm v. Eunlder,A9 Mo. App. 664; Green v. Castello, 35 Mo.
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Appeal from the Dallas Circuit Court. — IIon. Argus Cox, Judge. , (1) This cause will have to be reversed and not remanded, for the reason that the circuit court nor this court acquired jurisdiction, there being nothing in the record showing that the affidavit for an appeal from the justice’s court was filed within the time provided by law. Kelm v. Eunlder,A9 Mo. App. 664; Green v. Castello, 35 Mo. App. 127. But if this objection be 'overcome jurisdiction is still wanting for the affidavit for appeal from the justice is wholly insufficient. Spencer v. Beasley, 48 Mo. App. 97; Whitehead v.…
1Opinion of the CourtGill, J.
— The plaintiff, a practicing physician, sued the defendant for $25 for professional services in treating the eyes of one-of defendant’s children. On a trial in the circuit court, where the case was taken by appeal from a justice of the peace, the plaintiff had judgment and the defendant appealed.
There is nqthing in the dual objection to the *519jurisdiction of the circuit court on the alleged grounds, first, that the record failed to show that the appeal from the justice was taken within the statutory limit, and, second, the affidavit for appeal was insufficient.
As to the first point, it appears…
2Cases cited3 opinions
- Pearson v. GillettMissouri Court of Appeals · 1893
- John Colhoun & Co. v. M. Crawford & Co.Supreme Court of Missouri · 1872
- Keltenbaugh v. St. Louis, Arkansas & Texas Railway Co.Missouri Court of Appeals · 1889
3Cited by1 opinion
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908