Dalton v. McCaffery

The defendant appealed to the circuit court from a judgment of a justice of the peace, and failed to pay the filing fee, as required by the statute relating to the St. Louis circuit court. 2 Rev. Stat. 1506, sect. 17. Thereupon the plaintiff paid the filing fee, caused the case to be docketed, and moved for an affirmance for the failure of the defendant to prosecute his appeal, which motion was allowed and the judgment affirmed. The defendant filed a motion to set aside the affirmance and reinstate the cause, offering to pay the filing fee, and offering affidavits designed to excuse his…