Dooley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. Theodore Brace, Judge. Plaintiff was only entitled to have the judgment of the justice affirmed in case the appellant failed to give the required notice of the appeal at least ten days before the second term. Eev. Stat., § 3057. The statute does not make a failure to give notice ten days before the first term cause for an affirmance. The failure must be a continued one until ten days before the second term.
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Appeal from Monroe Circuit Court. — Hon. Theodore Brace, Judge. Plaintiff was only entitled to have the judgment of the justice affirmed in case the appellant failed to give the required notice of the appeal at least ten days before the second term. Eev. Stat., § 3057. The statute does not make a failure to give notice ten days before the first term cause for an affirmance. The failure must be a continued one until ten days before the second term. “A judgment of affirmance for want of prosecution cannot be taken at the return term of the appeal.” Nay v. Han. & St. Jo. R. R., 51 Mo. 575, 577;…
1Opinion of the CourtHenry, J.
Plaintiff sued, in a justice court, to recover of defendant double damages for the alleged killing of his horse, by defendant. August 6th, 1881, a judgment by default was rendered in his favor by the justice. August 15th, defendant appeared before the justice and moved to set aside the judgment, which was refused, and, on the 19th, defendant appealed to the circuit court of Monroe county. The first term of said circuit court, after said appeal was taken, was held in October, 1881, and, on the first day thereof, plaintiff entered his appearance, and, defendant having failed to give notice of…
2Cases cited2 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- White v. Van HoutenSupreme Court of Missouri · 1873
3Cited by3 opinions
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Deatley v. PotterMissouri Court of Appeals · 1888
- Hammel v. WeisMissouri Court of Appeals · 1893