Keyes v. Kennedy
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. This case was tried without notice to plaintiff. There is no notice by virtue of the docket, for the cause was not upon the docket. R. S. 1899, sees. 825, 826, 1583, 1584; Summers v. Ins. Co., 56 Mo. App. 654. The case (Summers v. Ins. Co., 56 Mo.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. This case was tried without notice to plaintiff. There is no notice by virtue of the docket, for the cause was not upon the docket. R. S. 1899, sees. 825, 826, 1583, 1584; Summers v. Ins. Co., 56 Mo. App. 654. The case (Summers v. Ins. Co., 56 Mo. App. 653), cited by appellant, merely holds that the clerk’s placing of the case upon the docket and' assigning it a day for hearing was sufficient notice to litigants that it had been set for trial.
1Opinion of the CourtSmith, P. J.
This is an action of replevin commenced before a justice of the peace. It was removed by appeal to the circuit court where the defendant had judgment and the plaintiff appealed. It appears from the plaintiff’s abstract of the record that on July 31, 1903, for good reasons shown the time for filing of her bill of exceptions ivas by the court extended to on or before September 4, 1903. It further appears from *645said abstract tbat on September 5, 1903, tbe time for filing said bill was by tbe court extended to on or before tbe third day of tbe October term, 1903, of said court. On October 12,1903,…
2Cases cited2 opinions
- Monarch Rubber Co. v. BunnMissouri Court of Appeals · 1899
- Union National Bank v. BarkerSupreme Court of Missouri · 1898
3Cited by1 opinion
- McKinney v. Wright Lumber Co.Missouri Court of Appeals · 1908