Legal Opinion

Rainey v. Reorganized Church of Jesus Christ, the Latter Day Saints

Missouri Court of Appeals

Decided May 3, 1921PublishedCited by 4 opinions

Appeal from the Circuit Court of the City of St. Louis.— Hon. Vital W. Garesche, Judge. (1) The notice of appeal in question was sufficient and valid in every respect, and the circuit court erred when it sustained the respondent’s motion to affirm the judgment of the justice of the peace. Igoe v. Bradford, 110 Mo. App. 670; Holscher Goal Co. v. Mo. Pacific R. R. Co., 48 Mo. App. 578; Cowhick v. Jackson, 161 Mo. App. 459; Reinhardt Grocery Co. v. Rust, 185 Mo.

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Appeal from the Circuit Court of the City of St. Louis.— Hon. Vital W. Garesche, Judge. (1) The notice of appeal in question was sufficient and valid in every respect, and the circuit court erred when it sustained the respondent’s motion to affirm the judgment of the justice of the peace. Igoe v. Bradford, 110 Mo. App. 670; Holscher Goal Co. v. Mo. Pacific R. R. Co., 48 Mo. App. 578; Cowhick v. Jackson, 161 Mo. App. 459; Reinhardt Grocery Co. v. Rust, 185 Mo. App 279; Collier v. Langan & Taylor, 128 Mo. App. 113; Munroe v. Herrington, 99 Mo. App. 288; Davenport Vinegar & Pickling Works v.…

1Opinion of the CourtBecker, J.

Plaintiff below, in a suit on a contract, obtained judgment, on March 1, 1918, for $500, against the defendant before the justice of the peace. An appeal was taken to the circuit court where the judgment was affirmed for alleged insufficiency of notice of appeal. Defendant in due course brings this appeal.

The transcript of the record filed by the justice of the peace in the circuit court shows that the style of the suit as originally instituted before the justice was, “Eugene Rainey, plaintiff, v. Reorganized Church of Jesus Christ, the Latter Day Saints, a corporation, and Thomas J. Elliott,…

2Cases cited3 opinions

  1. Munroe v. HerringtonMissouri Court of Appeals · 1903
  2. Davenport Vinegar & Pickling Works v. ShelleySupreme Court of Missouri · 1920
  3. J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906

3Cited by4 opinions

  1. Rickermann Auto Body, Inc. v. LaughlinMissouri Court of Appeals · 1975
  2. Conrey v. DavisMissouri Court of Appeals · 1924
  3. Varnadore v. NovakWyoming Supreme Court · 1930
  4. Western Employment Counselors Ass'n v. SeveringhausMissouri Court of Appeals · 1943

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