Lieberman v. Findley
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.—Hon. E. P. Oates, Judge.' (1) The case was not triable at the October term, 1898. The appeal was not “allowed ten days before the first day of the October term” as required by section 6311, Revised Statutes. The construction prescribed by section 6570, Revised Statutes, fourth sub-division, enforces this count. The court has no discretionary power. 26 Am. and Eng.
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Appeal from the Jackson Circuit Court.—Hon. E. P. Oates, Judge.' (1) The case was not triable at the October term, 1898. The appeal was not “allowed ten days before the first day of the October term” as required by section 6311, Revised Statutes. The construction prescribed by section 6570, Revised Statutes, fourth sub-division, enforces this count. The court has no discretionary power. 26 Am. and Eng. Ency. of Law, pp. 3 to 5, and notes, especially nóte 1, page 5. Knapp v. Skeele, 31 Mo. 131. (1) All appeals allowed ten days before the first day of the term of the appellate court next after…
1Opinion of the CourtSmith, P. J.
On September 30, 1898, the plaintiff obtained a judgment against defendants before a justice of the peace on an account for medical services. On the same day the defendants took an appeal from the judgment of the justice to the circuit court.
The next term of the circuit court, under the statute, began on the tenth day of October, following. The cause *387was docketed and tried in the circuit court at said October term. The defendants failed to appear in the case in that court until after the judgment there was rendered against them. They now assail the judgment for irregularity, claiming that the…
2Cases cited5 opinions
- Clapton v. TaylorMissouri Court of Appeals · 1892
- City of St. Joseph ex rel. Saxton National Bank v. LandisMissouri Court of Appeals · 1893
- Patchin v. BonsackSupreme Court of Missouri · 1873
- Florez v. UhrigSupreme Court of Missouri · 1865
- Bailey v. LubkeMissouri Court of Appeals · 1879
3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railway Co. v. SolorzanoNew Mexico Supreme Court · 1916