Hawley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
No notice of the appeal having been given, and the appel-lee not having entered his appearance on or before the second day of the first term of the circuit court, (R. S., § 3056,) the case should have been continued as a matter of course. It could not be legally tried without defendant’s consent, and the judgment must be reversed. Blake v. Downey, 51 Mo. 437; Nay v. Railroad Co., 51 Mo. 575 ; Chrismer v. Railroad Co., 54 Mo. 152; Transier v. Railroad Co., 54 Mo. 189.
1Opinion of the CourtNorton, J.
This suit was brought before a justice o_ the peace, and judgment by default was rendered for plaintiff, and, after the refusal of the justice to set the same aside on motion of defendant made within ten days after the rendition of judgment, defendant appealed to the circuit court of Buchanan county. This appeal was returnable to the September term, 1880, of said court, which began on the first Monday of that month. As the appeal was not taken on the day the judgment was rendered, and as the record does not show that the defendant either gave notice of appeal, or that plaintiff entered his…
2Cases cited4 opinions
- Transier v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Blake v. DowneySupreme Court of Missouri · 1873
- Blakely v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883