Legal Opinion

Borgwald v. Fleming

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 1 opinion

Appeal from Jefferson Circuit Court. — Hon. L. F. Dinning, Judge. Section 1 of the statute concerning appeals from a justice of the peace to the circuit court, provides: “ Any person aggrieved by any judgment rendered by any justice of the peace, except a judgment by confession, may, in person or by agent, make his appeal therefrom, unless otherwise provided by law, to the circuit court of the same county where the judgment was rendered.”

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Appeal from Jefferson Circuit Court. — Hon. L. F. Dinning, Judge. Section 1 of the statute concerning appeals from a justice of the peace to the circuit court, provides: “ Any person aggrieved by any judgment rendered by any justice of the peace, except a judgment by confession, may, in person or by agent, make his appeal therefrom, unless otherwise provided by law, to the circuit court of the same county where the judgment was rendered.” Section 2. “ But no appeal shall be taken from a judgment by default as of non-suit, unless within ten days after the rendering of such judgment,…

1Opinion of the CourtHenry, J.

Borgwald sued Fleming before a justice of the peace. On the return day of the summons, defendant appeared before the justice and obtained a continuance of the cause to the 19th day of February, 1876. On that day the justice called the case for trial, and defendant’s attorney filed a motion, asking for a continuance, on the ground that the defendant' was mistaken in the date to which it was continued, and was, therefore, absent, as were also his witnesses, and his attorney offered to get the affidavit of defendant to the effect, that “ he had misunderstood the day set for trial.” The justice…

2Cases cited1 opinion

  1. Barnett v. LynchSupreme Court of Missouri · 1834

3Cited by1 opinion

  1. State ex rel. Shenault v. HopperMissouri Court of Appeals · 1897

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