Bates v. Scott Bros.
Missouri Court of Appeals
Appeal from Henry Circuit Court, Hon. James B. ■Cantt, Judge. The case is sufficiently stated in the opinion of the court.
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Appeal from Henry Circuit Court, Hon. James B. ■Cantt, Judge. The case is sufficiently stated in the opinion of the court. The court below erred in sustaining the motion to ■affirm the judgment of the justice, for the reason that no notice of appeal had been given to appellees, at least ten days before the second .term of the appellate court, .after the appeal had been taken, for the reason that ap-pellees had waived the service of such notice, and had entered their appearance, in such appellate court, they having appeared at the taking of the deposition, which was an appearance for general…
1Opinion of the CourtHall, J.
This action was begun before a justice of the peace. The plaintiffs had judgment in the justice’s court, and the defendants appealed from such judgment to the circuit court. The appeal was not taken on the day on which the judgment was rendered, and, no notice of appeal having been given, by the appellants to the appellees, the case was, at the return term of the appeal, continued by the circuit court. Thereafter, and before the second term of the circuit court, the appellants caused a notice to take depositions in the case to be-served on the attorneys of record of the appellees, service of…
2Cases cited3 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Berry v. Union Trust Co.Supreme Court of Missouri · 1882
- Wolff v. Danforth Artificial Light Co.Supreme Court of Missouri · 1879
3Cited by7 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Pearson v. GillettMissouri Court of Appeals · 1893
- Bartschat v. DowneyMissouri Court of Appeals · 1913
- Morgan v. Garretson & Greason Lumber Co.Missouri Court of Appeals · 1904
- C., B. Q.R.R. Co. v. Olin SonMissouri Court of Appeals · 1924
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