Donohue v. Southwestern Surety Insurance
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. — > Hon. Alonso D. Burnes, Judge. (1) Appeals from the justices of the peace, as well as all appeals, are purely of statutory-origin, and the Legislature has the right to- impose such conditions and restrictions as it sees fiit. 3 C. J. 318,- 319; Sec. 7567, R. S. 1909; Nathan v. Oil Co., 187 Mo. App. 563 ; Bussier v. Sayman, 257 Mo. 303; Eauck v. Merrill, 172 Mo.
Read the full summary
Transferred from Kansas City Court of Appeals. — > Hon. Alonso D. Burnes, Judge. (1) Appeals from the justices of the peace, as well as all appeals, are purely of statutory-origin, and the Legislature has the right to- impose such conditions and restrictions as it sees fiit. 3 C. J. 318,- 319; Sec. 7567, R. S. 1909; Nathan v. Oil Co., 187 Mo. App. 563 ; Bussier v. Sayman, 257 Mo. 303; Eauck v. Merrill, 172 Mo. App. 489; Sidwell v. Jett, 213 Mo. 609; Caruthersville v. Barnett, 149 Mo. App. 162; Petz v. Hoffman, 149 Mo. App. 153; Clopper v. Bradshaw, 163 Mo. App. 587. (2) The notice of appeal…
1Opinion of the Court
This cause comes to us upon the certificate of the Kansas City Court of Appeals that its opinion and judgment sustaining the judgment of the circuit court is in conflict with the opinion and judgment of the St. Louis Court of Appeals in Rodgers v. National Council, 172 Mo. App. 719.
The case is well stated in the opinion of the Kansas City Court of Appeals as follows:
"Plaintiff, on December 23, 1916, in a suit before a justice of the peace in Clinton County, obtained judgment for $124 against defendant upon a policy of accident insurance. The defendant is a foreign insurance company duly…
2Cases cited1 opinion
- Rodgers v. National Council Junior Order United American MechanicsMissouri Court of Appeals · 1913
3Cited by2 opinions
- Cousins v. Sovereign Camp, Woodmen of the WorldTexas Supreme Court · 1931
- Floreth v. TotschMissouri Court of Appeals · 1938