Calderwood v. Robertson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. (1) The court erred in setting aside tbe judgment affirming tbe judgment of tbe justice court, on motion of defendant. Sec. 4074, 4075 and 4076, Revised Statutes of Mo. 1899. Hamel y. Wies, 54 Mo-. App. 14; Wolf v. Coffin, 46 M'o. App. 190; Olaflin v. Burkbardt, 43 Mo. App. 222; Patterson v. M. K. & T. R. R. Co., 93 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. (1) The court erred in setting aside tbe judgment affirming tbe judgment of tbe justice court, on motion of defendant. Sec. 4074, 4075 and 4076, Revised Statutes of Mo. 1899. Hamel y. Wies, 54 Mo-. App. 14; Wolf v. Coffin, 46 M'o. App. 190; Olaflin v. Burkbardt, 43 Mo. App. 222; Patterson v. M. K. & T. R. R. Co., 93 Mo. App. 643. (2) Tbe court erred in not setting aside tbe nonsuit on motion of plaintiff. (1) Tbe plaintiff in this case cannot be permitted to set up tbe. proposition that be had no notice of appeal. He…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Plaintiff assigned as error the action of the court in setting aside its judgment affirming the judgment of the justice. The justice’s judgment was affirmed on the assumption that defendant had failed for two terms of court to give notice of the appeal as the law directs. The motion to set aside alleged that notice of the appeal had been timely served on Mr. Yonge, attorney for the plaintiff. Whether or not the notice had been given was an issuable fact. The court heard the evidence offered by both parties and found that notice of the appeal had in fact been…
2Cited by3 opinions
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- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- Hoffman Bros. Piano Co. v. MorrisMissouri Court of Appeals · 1915