Stone v. Baer
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The notice of the appeal was acknowledged by plaintiffs attorneys, who filed the statement or complaint for plaintiff with the justice. This notice of appeal, with acknowledgment of service of notice by plaintiff’s ¡attorneys, wias a full compliance with section 6342, Revised Statutes after which, plaintiff was in court for all purposes.
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Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The notice of the appeal was acknowledged by plaintiffs attorneys, who filed the statement or complaint for plaintiff with the justice. This notice of appeal, with acknowledgment of service of notice by plaintiff’s ¡attorneys, wias a full compliance with section 6342, Revised Statutes after which, plaintiff was in court for all purposes. Litigants are bound by the action of their attorneys of record. State to use v. Hawkins, 28 Mo. 372; Ring v. Vogel, 46 Mo. App. 374; McDonough v. Daly, 3 Mo., App. 606. (2) Then,…
1Opinion of the CourtGill, J.
In August, 1898, plaintiff recovered a judgment of $50 against defendant before a justice of the peace of Cole county. Within ten days thereafter, but not on the day the judgment was rendered before the justice, the defendant appealed to the circuit court of Cole county. At the following November term of that court the defendant applied for and secured a change of venue to the Moniteau circuit court. At the January (1899) term of that court, plaintiff filed a motion asking that the judgment of the justice be affirmed on the alleged ground that defendant had failed to give the notice of appeal…
2Cases cited6 opinions
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
- Cella v. SchnairsMissouri Court of Appeals · 1890
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
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3Cited by4 opinions
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- Hoffman Bros. Piano Co. v. MorrisMissouri Court of Appeals · 1915