Kelm v. Hunkler
Missouri Court of Appeals
Appeal, from the■ St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. The circuit court of St. Louis county never acquired jurisdiction in the cause, and the judgment rendered herein is void. Brown v. Woody, 64 Mo. 547. There must be an order from the court below granting an appeal, • and unless such order appears on record the •case must be stricken from the docket.
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Appeal, from the■ St. Louis County Circuit Court. Hon. W. W. Edwards, Judge. The circuit court of St. Louis county never acquired jurisdiction in the cause, and the judgment rendered herein is void. Brown v. Woody, 64 Mo. 547. There must be an order from the court below granting an appeal, • and unless such order appears on record the •case must be stricken from the docket. Waddell v. Blachstone, 59 Mo. 120; R. S. 1889, sec. 6332. An appeal from a justice is not taken, until a recognizance is entered into and approved by the justice. Slater v. .Steamboat, 10 Mo. 513; Filley v. Walls, 4 Mo.…
1Opinion of the CourtThompson, J.
This cause was commenced before-a justice of the peace in St. Louis county, and transferred by change of venue to another justice, before-whom such proceedings were had that, on the thirtieth day of August, 1890, a trial took place between the parties, and the justice made a finding in favor of the-plaintiff in the sum of $95, and in favor of the defendant on the counterclaim by him filed in the sum off $63.50, and rendered judgment in favor of the plaintiff for the difference between these two sums, namely, $31.50, and also for the costs. • On the same day the defendant paid into court this…
2Cited by7 opinions
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- State Ex Rel. White v. TerteMissouri Court of Appeals · 1956
- Hartzfeld v. TaylorSupreme Court of Missouri · 1907
- City of Caruthersville v. BarnettMissouri Court of Appeals · 1910
- State ex rel. Goodman & Co. v. Circuit CourtMissouri Court of Appeals · 1912
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