Cabanne v. Macadaras
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. (1) Tbe law requires the defendants to prosecute their appeal from a justice of peace without delay, and paying this filing fee and filing the case in court, without delay, is imperative.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tatty, Judge. (1) Tbe law requires the defendants to prosecute their appeal from a justice of peace without delay, and paying this filing fee and filing the case in court, without delay, is imperative. The penalties for failure to so do is the affirmance of the judgment If, as in this case^ the defendants have neglected to comply with the law, unless they furnish a sufficient legal excuse, by which is evidently meant such an excuse as the law recognizes as a justification for the omission of the act, they are not entitled to the relief…
1Opinion of the CourtBarclay, J.
— This appeal is from an order setting aside a circuit judgment which affirmed an earlier judgment by a justice of the peace in favor of plaintiff on an account for $51.60.
The affirmance of the justice’s judgment- occurred June 30, 1901, on plaintiff’s motion, because of the omission of defendants to pay seasonably the required filing fee in the circuit, court of the city of St. Louis (R. S. 1899, p. 2536, sec. 17). Such an omission constitutes a failure to prosecute the appeal, as has been decided repeatedly. Hardison v. Steamboat, 13 Mo. 226; Donzelot v. Tillotson, 8 Mo. App. 565; Davis v.…
2Cases cited15 opinions
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- Scott v. SmithSupreme Court of Missouri · 1896
- Davis v. AlexanderSupreme Court of Georgia · 1859
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- City of St. Louis v. MurphySupreme Court of Missouri · 1856
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