Kidder v. Wright
Missouri Court of Appeals
Appeal from the St. Louis City Circuit ■ Court. — Hon. Hoeatio D. Wood, Judge. It was mandatory on the circuit court to affirm the judgment of the justice when the first term had elapsed and no notice had been served ten days prior to the beginning of the second term. B. S. 1889, sec. 6344. Not only this, but the court has no jurisdiction to do other than that section of the statute (B. S. 1879, sec. 3057) requires.
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Appeal from the St. Louis City Circuit ■ Court. — Hon. Hoeatio D. Wood, Judge. It was mandatory on the circuit court to affirm the judgment of the justice when the first term had elapsed and no notice had been served ten days prior to the beginning of the second term. B. S. 1889, sec. 6344. Not only this, but the court has no jurisdiction to do other than that section of the statute (B. S. 1879, sec. 3057) requires. The appellee is brought in by the notice of appeal, which in this proceeding is equivalent to a summons to appear in the circuit court, and the appeal is not perfected without the…
1Opinion of the CourtBland, P. J.
Suit on promissory note for $500, before a justice of the peace, trial and judgment for plaintiff. Subsequent to day on which judgment was rendered, an appeal was taken to the circuit court. At the second term of the circuit court after appeal was taken and on February 2, 1897, the judgment of the justice was affirmed on motion of the plaintiff for failure of the defendant to give notice of appeal as required by section 6342, Revised Statutes 1889. Motion to set aside the judgment was filed and sustained and the cause set down for trial on its merits. From this order the plaintiff, Kidder,…
2Cases cited2 opinions
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
- Johnson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892
3Cited by2 opinions
- State ex rel. Wendling v. ArnoldMissouri Court of Appeals · 1917
- State ex rel. Keirsey v. CalvirdMissouri Court of Appeals · 1917