Davis v. Miller
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Y allí ant, Judge. The circuit court erred in affirming the judgment of the justice on the motion of respondent, for the failure of appellant to give notice of appeal and pay filing fee. Appellant was not bound to give notice of the appeal prior to ten days before the first day of the second term, to which the appeal was returnable.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Y allí ant, Judge. The circuit court erred in affirming the judgment of the justice on the motion of respondent, for the failure of appellant to give notice of appeal and pay filing fee. Appellant was not bound to give notice of the appeal prior to ten days before the first day of the second term, to which the appeal was returnable. R. S., secs. 3056, 3057. Nor could the court affirm the judgment of the justice simply on a motion for the failure of appellant to pay the filing fee prior to ten days before the second term to which…
1Opinion of the CourtBiggs, J.
On the second of June, 1888, plaintiff recovered judgment against the defendant before a justice of the peace in the city of St. Louis. On the eleventh day of June, defendant filed an affidavit and appeal bond, and an appeal was allowed defendant to the circuit court of the city of St. Louis. By section 17, Revised Statutes, page 1506, a filing fee of one dollar (known as the judge's fee) was required to be paid by defendant to the clerk of the circuit court, before the clerk was authorized to file the transcript. This law is only applicable to the circuit court of the city of St. Louis. The…
2Cases cited4 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Berry v. Union Trust Co.Supreme Court of Missouri · 1882
- Hardison v. Steamboat Cumberland ValleySupreme Court of Missouri · 1850
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
3Cited by3 opinions
- Horn v. Excelsior Springs Co.Missouri Court of Appeals · 1893
- Cabanne v. MacadarasMissouri Court of Appeals · 1901
- Johnson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892