Legal Opinion

Talbot v. Hore

Missouri Court of Appeals

Decided March 30, 1885PublishedCited by 1 opinion

Appeal from Moberly Court of Common Pleas, Hon. Gr. H. Bubckhabtt, Judge. The facts are sufficiently stated, in the opinion of the Court. I. The appellate court bad no jurisdiction to try tbe cause at tbe first term after appeal, save at tbe demand or consent of appellee in said court, and tbe overruling of appellee’s application for a continuance, and tbe trial of tbe cause at said term, were erroneous. II.

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Appeal from Moberly Court of Common Pleas, Hon. Gr. H. Bubckhabtt, Judge. The facts are sufficiently stated, in the opinion of the Court. I. The appellate court bad no jurisdiction to try tbe cause at tbe first term after appeal, save at tbe demand or consent of appellee in said court, and tbe overruling of appellee’s application for a continuance, and tbe trial of tbe cause at said term, were erroneous. II. Wben appellant failed to serve notice on appellee, then appellee, at first term, by entering Ms appearance on or before second day of term, bas bis option either to demand trial, or…

1Opinion of the Court

Opinion by

Ellison, J.

This case was begun before a justice of the peace in Randolph county, and resulted in a judgment for defendant before the magistrate. Plaintiff, who is respondent here, appealed to the Moberly court of common pleas. The appeal was taken after the day of judgment in the justice of the peace court and more than ten days before the first term of the Moberly court of common pleas thereafter. The appellee, at the first term of the appellate court, entered his appearance “on or before the second day” thereof.

When the cause was called for trial plaintiff answered ready and the…

2Cases cited1 opinion

  1. Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873

3Cited by1 opinion

  1. Deatley v. PotterMissouri Court of Appeals · 1888

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