Thomas v. State
Supreme Court of Missouri
APPEAL from Chariton Circuit Court. That the Circuit Court erred in refusing to grant the rule upon the Justice, upon the appliea* tfon of Thomas; — the affidavit showed the Justice had not made a correct return, and the only way to correct it was by rule. The errors in the record of the Justice are set out in the motion, and sworn to by the appellant.
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APPEAL from Chariton Circuit Court. That the Circuit Court erred in refusing to grant the rule upon the Justice, upon the appliea* tfon of Thomas; — the affidavit showed the Justice had not made a correct return, and the only way to correct it was by rule. The errors in the record of the Justice are set out in the motion, and sworn to by the appellant. It is also contended that the Court ought to have permitted tba appellant to file a new bond and affidavit after the Court refused the rule upon the Justice. Rev, Statutes of 1835, p. 374 4th Mo. Rep. 28. Jones vs. Davis. 1st. The affidavit and…
1Opinion of the CourtMcBride, J.
This was a prosecution commenced before a Justice of the Peace in Chariton County, on the 8th October, 1844, against the defendant for an assault and battery, committed on the person of one Humphrey Adams. A trial was had on the 10th of the month before a jury, when the defendant was found guilty, and a fine of $50 was assessed against him, on which the Justice rendered judgment. On the same day the defendant asked for an appeal to the Circuit Court, and tendered his bond, which being adjudged insufficient by the Justice, was rejected. On the next day the defendant tendered another bond,…
2Cited by3 opinions
- City of De Soto v. MercielMissouri Court of Appeals · 1893
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Swanner v. Conner Hotel Co.Missouri Court of Appeals · 1920