Peters v. Edge

The plaintiff objects that this court lias acquired no jurisdiction of tbe cause by reason of the supposed appeal taken by tbe defendants.

This objection we must bold is well taken. It appears from an examination of the record that the defendants failed to file, in the trial court, the affidavit for appeal required by the statute (section 808, Revised Statutes 1899), and, therefore, the order granting such appeal was ineffective to invest this court with jurisdiction of the cause. Giesing v. Schowengerdt, 24 Mo. App. 554.

It is true the defendants filed a statement with their signature thereto,…