State v. Thompson
Supreme Court of Missouri
Appeal from St. Clair Circuit Court.—Hon. C. Q-. Burton, Judge. The bond of defendant substantially complied with all the requirements of the statute. Gary v. State, 4 Tex. L. Jour. 487. The new bond should have been filed. R. S. 1879, § 8058; Matthews v. Glass, 22 Mo. 160; State v. Richards, 77 Ind. 101. An appeal bond on an appeal from a justice, not taken in time, is void. Moore v. Damon, 4 Mo.
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Appeal from St. Clair Circuit Court.—Hon. C. Q-. Burton, Judge. The bond of defendant substantially complied with all the requirements of the statute. Gary v. State, 4 Tex. L. Jour. 487. The new bond should have been filed. R. S. 1879, § 8058; Matthews v. Glass, 22 Mo. 160; State v. Richards, 77 Ind. 101. An appeal bond on an appeal from a justice, not taken in time, is void. Moore v. Damon, 4 Mo. App. 111. "When a court has no jurisdiction, no judgment for costs can be recovered. Badets v. Hoey, 5 Cent. L. Jour. 195. All prosecutions must be by indictment or information. Const, of Mo., art.…
1Opinion of the Court
Philips, C.
This is a prosecution instituted in a justice’s court, under section 1590, Revised Statutes, 1879, on the affidavit of a private citizen. On trial before the justice, the defendant was found guilty, and a fine of $1 assessed. He appealed to the circuit court. The circuit court, on motion of the State, dismissed the case for the want of jurisdiction, holding that the defendant had not perfected his appeal in time in the justice’s court. Erom this action of the circuit court, the defendant has appealed to this court.
I. By section 2058, Revised Statutes 1879, the defendant appealing…
2Cases cited11 opinions
- Hornthall v. CollectorSupreme Court of the United States · 1870
- State v. KelmSupreme Court of Missouri · 1883
- McIver v. WattlesSupreme Court of the United States · 1824
- Mitchell v. KennedyWisconsin Supreme Court · 1853
- Strader v. GrahamSupreme Court of the United States · 1856
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