C. D. Smith Drug Co. v. Hill
Missouri Court of Appeals
Appeal from the Btichanan Circuit Court.—Hon. H. M. Ramey, Judge. (1) If the paper served on appellant’s- counsel is not such a notice as the law requires, the court had no authority to dismiss the ease. The case was not triable at the May term and there was no failure to prosecute the case.
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Appeal from the Btichanan Circuit Court.—Hon. H. M. Ramey, Judge. (1) If the paper served on appellant’s- counsel is not such a notice as the law requires, the court had no authority to dismiss the ease. The case was not triable at the May term and there was no failure to prosecute the case. R. S. 1889, see. 6343; Blake v.Doioney, 51 Mo. 437; Blakely v. Railroad, 79 Mo. 342; Hawley v. Railroad, 80 Mo. 540. (2) It is conceded, in this case, that a notice of appeal was required. The only question is: "Was the paper served on appellant’s counsel, such a notice as the law demands? It is not a…
1Opinion of the CourtGill, J.
—Plaintiff sued Ziemendorff before a justice •of the peace, and summoned Bettie T. Hill as garnishee. Judgment was obtained against the defendant and the garnishee; and the garnishee, Bettie T. Hill, the sec■ond day after the judgment against her, appealed to the circuit court.
On April 16, 1894, and more than ten days before Ihe next succeeding term of the circuit court, notice of •appeal in the following form was served on plaintiff’s attorney:
*682“C. D. Smith Drug Co., v. “Bettie T. Hill, Garnishee of William Ziemendorff and Charles Hill.
“To Benjamin Phillips, attorney for plaintiff: You are…
2Cases cited4 opinions
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
- Cella v. SchnairsMissouri Court of Appeals · 1890
3Cited by8 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- Stone v. BaerMissouri Court of Appeals · 1900
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