Hadley v. Bernero
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) A transcript of all the proceedings had before the justice, together with all documents filed with him, in this case, on or before October 24,1901, would fail to show the filing of any affidavit for appeal or any recognizance or that any order allowing appeal had been made by the justice.
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Appeal from St. Louis City Circuit Court. — Eon. D. D. Fisher, Judge. (1) A transcript of all the proceedings had before the justice, together with all documents filed with him, in this case, on or before October 24,1901, would fail to show the filing of any affidavit for appeal or any recognizance or that any order allowing appeal had been made by the justice. There was, therefore, no appeal ever allowed in this case and the judgment of the justice of the peace became, at the expiration of the twenty-fourth day of October, 1901, final and conclusive and the cause of action bécame res…
1Opinion of the CourtGoode, J.
— Plaintiffs Leo G. Hadley and others obtained judgment against the defendants David Bernero and others, October 18, 1901, in an unlawful detainer action before a justice of the peace. Defendants appealed to the circuit court from the justice’s judgment eight days after it was rendered. This appeal was not in time as the circuit court was then in session, as now appears, and the statutes require the appeal from a justice’s judgment in an unlawful detainer case to be taken in six days after judgment, if the court to which it lies is then holding a term. We suppose the fact that the appeal was…
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3Cited by27 opinions
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