Bader v. Jones
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court had no jurisdiction by appeal, the justice failing to allow an appeal as shown by the justice’s transcript. Jurisdiction of the court in cases appealed from justice’s courts is acquired in a special statutory manner, and it is necessary that it be shown from the record. Kelm v. Huclder, 49 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court had no jurisdiction by appeal, the justice failing to allow an appeal as shown by the justice’s transcript. Jurisdiction of the court in cases appealed from justice’s courts is acquired in a special statutory manner, and it is necessary that it be shown from the record. Kelm v. Huclder, 49 Mo. App. 664. The affidavit for appeal should show whether the appeal is taken upon the merits of the case or from an order or judgment taxing costs. The attention of the court was called to these defects by the petition for review…
1Opinion of the CourtBland, P. J.
(after stating the facts). — In respect to appeals from justices’ courts, the statute (section 4062, E. S. 1899) provides:
“No appeal shall be allowed unless the party applying therefor, or some person for him, will make affidavit that the application for an appeal is not made for vexation or delay, but because he believes the appellant is injured by the judgment of the justice, and stating whether such appeal is from the merits or from an order or judgment taxing costs.”
In Van Scoyce v. Wolfe, 73 Mo. App. 1. c. 432, the Kansas City Court of Appeals, in respect to a defective affidavit for an…
2Cases cited13 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Green v. CastelloMissouri Court of Appeals · 1889
- Hyatt v. WolfeMissouri Court of Appeals · 1886
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
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3Cited by2 opinions
- State ex rel. Goodman & Co. v. Circuit CourtMissouri Court of Appeals · 1912
- Floreth v. TotschMissouri Court of Appeals · 1938