Legal Opinion

City of Caruthersville v. Barnett

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 2 opinions

Appeal from Pemiscot Circuit Court. — Ron. Renry C. Riley, Judge. (1) Defendant’s motion to dismiss the appeal should have been sustained. There was no appeal bond and the plaintiff cannot cure this defect by giving simply a cost bond, as was done in this case, especially after a motion is made to dismiss for want of an appeal bond. R. S. 1899, sec. 4060; Devor v. Stacker, 49 Mo. App. 547; Kelm v. Hunkier, 49 Mo. App. 664; Moulder & Simpson v. Anderson, 63 Mo.

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Appeal from Pemiscot Circuit Court. — Ron. Renry C. Riley, Judge. (1) Defendant’s motion to dismiss the appeal should have been sustained. There was no appeal bond and the plaintiff cannot cure this defect by giving simply a cost bond, as was done in this case, especially after a motion is made to dismiss for want of an appeal bond. R. S. 1899, sec. 4060; Devor v. Stacker, 49 Mo. App. 547; Kelm v. Hunkier, 49 Mo. App. 664; Moulder & Simpson v. Anderson, 63 Mo. App. 34; Littlefield v. Lemley, 75 Mo. App. 511; Rocheport Bank v. Doak, 75 Mo. App. 332; Reinhardt v. Varney, 72 Mo. App. 646.

1Opinion of the CourtNixon, P. J.

On or about the 16th day of March, 1907, appellant was notified by the city marshal of respondent city to appear before the police judge of said *163city to defend against a charge of fighting. The appellant appeared and was told by the police judge after a trial that he had been fined two dollars. His attorney filed an affidavit and bond in the usual form for an appeal to the circuit court of Pemiscot county. On the 28th day of March, the police judge filed with the clerk of the circuit court his transcript certifying that the same was a true copy from his docket and that all the original papers…

2Cases cited2 opinions

  1. Kelm v. HunklerMissouri Court of Appeals · 1892
  2. Moulder v. AndersonMissouri Court of Appeals · 1895

3Cited by2 opinions

  1. Estate of McArthur v. McArthurMissouri Court of Appeals · 1948
  2. City of Stockton v. BaconMissouri Court of Appeals · 1913

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