McGinniss & Ingels Hardware Co. v. Taylor
Missouri Court of Appeals
Appeal from Yeruou Circuit Court, Hon. Chas. Gr. Bukton, Judge. The case is stated in the opinion. I. The object of the notice was to inform the appellee that an appeal had been taken, and the notice was in substantial compliance with the statute. The plaintiff could not have been misled by it. Plaintiff knew, when it received this notice that it referred to this case and no other. II.
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Appeal from Yeruou Circuit Court, Hon. Chas. Gr. Bukton, Judge. The case is stated in the opinion. I. The object of the notice was to inform the appellee that an appeal had been taken, and the notice was in substantial compliance with the statute. The plaintiff could not have been misled by it. Plaintiff knew, when it received this notice that it referred to this case and no other. II. The general rule in respect to notices is “that mere informalities do not vitiate them, so long as they •do not mislead, and the notice gives the necessary information to the proper party.” There is nothing in…
1Opinion of the CourtEllison, J.
This is an action instituted by plaintiff against defendant for the price of a coffin furnished *515defendant for the burial of his deceased wife. Judgment by default was had before the justice of the peace -and defendant appealed to the circuit court. The notice of appeal is as follows :
“The McGinnis & Ingels Hardware Company, Plaintiff,
vs.
“C. C. Taylor, Defendant.
•' Center Township, Yernon County, Missouri.
“To Plaintiff:—
“You are hereby notified that an appeal has been taken from the judgment of the justice rendered in the •above entitled cause to the circuit court of said Yernon county,…
2Cases cited1 opinion
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
3Cited by10 opinions
- Cella v. SchnairsMissouri Court of Appeals · 1890
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
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