Wilcox v. Daniels
Supreme Court of Missouri
Jlppeal from, Jefferson Circuit Court. This was an action on a recognizance of appeal, executed by Daniels $s principal, and Strickland as security, on appeal from the judgment of a justice of the peace in an action of forcible entry and detainer, wherein Wilcox, appellant here, was plaintiff, and Daniels, respondent here, was defendant.
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Jlppeal from, Jefferson Circuit Court. This was an action on a recognizance of appeal, executed by Daniels $s principal, and Strickland as security, on appeal from the judgment of a justice of the peace in an action of forcible entry and detainer, wherein Wilcox, appellant here, was plaintiff, and Daniels, respondent here, was defendant. In this action of forcible entry and detainer, judgment was given for the plaintiff, Wilcox ; and the defendant, Daniels, appealed to the Circuit Court, and filed a recognizance, with Strickland as security, conditioned that he would “ prosecute his appeal…
1Opinion of the CourtScott, Judge
The question raised by this record is, whether an ordinary action will lie upon an appeal bond taken in a justice’s court, in a forcible detainer, or whether the appellee is not confined exclusively to the judgment which may be rendered on the ap*495peal in the court in which it may be tried, so that, if he fails to obtain an assessment of the damages he has sustained in that manner, he is remediless.
We are not aware of any principle which excludes the plaintiff from an ordinary action on the appeal bond. It is true he might have resisted the dismissal of the appeal and insisted on his right to…
2Cases cited1 opinion
- Cockrill v. OwenSupreme Court of Missouri · 1847
3Cited by2 opinions
- Campbell v. HarringtonMissouri Court of Appeals · 1902
- The Texas Co. v. Wax and So. Sur. Co.Missouri Court of Appeals · 1931