Brookshier v. McIlrath
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Eon. J. W. Alexander, Judge. (1) An appeal bond conditioned as required by the provisions of section 809, Revised Statutes 1899, binds a surety on such bond to the performance or the payment of the judgment appealed from, when affirmed by the court, whether in existence or having jurisdiction or created at the time the bond is executed, or thereafter ereated or given jurisdiction, which actually reviews the decision appealed from and…
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Appeal from Livingston Circuit Court. — Eon. J. W. Alexander, Judge. (1) An appeal bond conditioned as required by the provisions of section 809, Revised Statutes 1899, binds a surety on such bond to the performance or the payment of the judgment appealed from, when affirmed by the court, whether in existence or having jurisdiction or created at the time the bond is executed, or thereafter ereated or given jurisdiction, which actually reviews the decision appealed from and deciding the case in appeal. June & Oo. v. Falkinburg, 89 Mo. App. 568; State ex rel. v. Gates, 143 Mo. 63. (2) The words…
1Opinion of the CourtBroaddus, P. J.
On the 18th day of January, 1899, the plaintiff obtained a judgment in the circuit court of Livingston county against the Chillicothe Town Mutual Fire Insurance Company in the sum of $2652.50, from which said company appealed to the Supreme Court. The defendants herein were the securities on the appeal bond. While the cause was pending, and before it was determined in the Supreme Court, the jurisdiction *690of the courts of appeal was extended by the Legislature giving them jurisdiction in all cases where the amount did not exceed $4,500. After the Legislature extended the jurisdiction of the…
2Cases cited4 opinions
- Mexican National Railway Co. v. MussetteTexas Supreme Court · 1894
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Schuster v. WeissSupreme Court of Missouri · 1893
- Cranor v. ReardonMissouri Court of Appeals · 1890
3Cited by3 opinions
- Zellars v. National Surety Co.Supreme Court of Missouri · 1908
- Moore v. Title Guaranty & Trust Co.Missouri Court of Appeals · 1910
- Hill v. KellerMissouri Court of Appeals · 1911