Pearson v. Gillett
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. John A. j Hockaday, Judge. (1) The circuit court obtained no jurisdiction of tbe subject-matter of tbis cause by appeal from the justice, because tbe affidavit for appeal fails to show whether the appeal is from the merits or judgment taxing cost. Revised Statutes,1889, sec. 6330; Whitehead v. Cole & Rodgers, 49 Mo. App. 428; Spencer v. Beasley, 48 Mo.
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Appeal from Boone Circuit Court. — Hon. John A. j Hockaday, Judge. (1) The circuit court obtained no jurisdiction of tbe subject-matter of tbis cause by appeal from the justice, because tbe affidavit for appeal fails to show whether the appeal is from the merits or judgment taxing cost. Revised Statutes,1889, sec. 6330; Whitehead v. Cole & Rodgers, 49 Mo. App. 428; Spencer v. Beasley, 48 Mo. App. 97. (2)- The circuit court obtained no jurisdiction of the subject-matter of this cause by appeal, because the record of the justice fails to show that an affidavit and bond for appeal was filed…
1Opinion of the CourtSmith, P. J.
This was an action by attachment commenced by the plaintiff against the defendant and one Smith before a justice of the peace to recover damages for injuries to the plaintiff’s crops.
The action was dismissed before the justice as to Smith. The remaining defendant filed no plea in abatement. There was a trial on the merits which resulted in judgment for the plaintiff, and from which defendant appealed to the circuit court, where the defendant was permitted to file a plea in abatement. A trial was had before the court on both the plea in abatement and the merits, which resulted in a judgment…
2Cases cited9 opinions
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Griffin v. SamuelSupreme Court of Missouri · 1839
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1903
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- School District v. WallaceMissouri Court of Appeals · 1898
- Carter v. Wamack & StaggsMissouri Court of Appeals · 1896
- Nicholson v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.