Curtis v. Tyler
Court of Appeals of Kansas
Appeal from Maries Circuit Court. — Hon. James H. Hazell, Judge. (1) The finding is against the evidence, against the weight of the evidence, and against the law under the evidence. (2) The court erred in admitting A. J. Curtis, the husband of plaintiff, to testify over the objections of the defendant. R. S. 1899, sec. 4656; Reno v. Kingsbury, 39 Mo.
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Appeal from Maries Circuit Court. — Hon. James H. Hazell, Judge. (1) The finding is against the evidence, against the weight of the evidence, and against the law under the evidence. (2) The court erred in admitting A. J. Curtis, the husband of plaintiff, to testify over the objections of the defendant. R. S. 1899, sec. 4656; Reno v. Kingsbury, 39 Mo. App. 240; Joice v. Branson, 73 Mo. 28. (3) Because the court erred in overruling defendant’s motion to dismiss plaintiff’s appeal. R. S. 1899, sec. 4062; R. S. 1899, sec. 4072; Spencer v. Beasley* 48 Mo. App. 97; Whitehead v. Cole & Rodgers, 49…
1Opinion of the CourtSmith, P. J.
The plaintiff commenced an action of replevin before a justice of the peace in which he recovered judgment. About the only question presented by defendant’s appeal is that' of jurisdiction.
*347It appears from the abstract of the record now before us that the justice filed with the clerk of the circuit court a transcript of his docket entries in the ease, but it did not appear from anything therein stated that the plaintiff had filed an affidavit or bond for an appeal nor that an appeal had been granted. The defendant filed in the circuit court a motion to dismiss the appeal for the reason (1)…
2Cases cited7 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- Swayze v. BrideMissouri Court of Appeals · 1889
- Smith v. ChapmanSupreme Court of Missouri · 1879
- Norton v. PorterSupreme Court of Missouri · 1876
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3Cited by2 opinions
- Carr v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Ford v. GrayMissouri Court of Appeals · 1908