Arkansas & Oklahoma Railroad v. Powell
Missouri Court of Appeals
Appeal from McDonald Circuit Court.— Hon. Geo.- W. T.hornberry, Judge. ■ • - (1) The respondent has waived the question of the insufficiency of the affidavit for appeal, and has entered a general appearance by consenting to two continuances of this cause, in this court.
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Appeal from McDonald Circuit Court.— Hon. Geo.- W. T.hornberry, Judge. ■ • - (1) The respondent has waived the question of the insufficiency of the affidavit for appeal, and has entered a general appearance by consenting to two continuances of this cause, in this court. McLeran v. Shartzer, 5 Cal. 70; Coby v. Halthausen, 16 Col. 10, 26 Pae. 148; Robertson v. O’Reilly, 14 Col. 441, 24 Pac. 560; Mitchell v. Jacobs, 17 111. 235; Roundy v. Kent, 75 Iowa 662, 37 N. W. 146; Wilgus v. Gettings, 39.Iowa.82; Steven v. Nebr., etc. Ins. Co., 29 Nebr. 187, 45 N. W. 284; Overseers of Poor v. Same, 5 Cowen…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— Í. The respondent before joining issue or submission of the cause, has protested against this court entertaining jurisdiction by moving to dismiss the appeal upon the two-fold ground that plaintiff, as appellant, did not comply with the condition of the statute in the form of affidavit filed, and that such affidavit appearing in the bill of exceptions was not sufficient or effective as an affidavit for appeal. Section 808, R. S. 1899, recites that no appeal shall be allowed unless, first it be made at the term at which the judgment was rendered, and…
2Cases cited6 opinions
- Green v. CastelloMissouri Court of Appeals · 1889
- DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1894
- Thomas v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1901
- Schnabel v. ThomasMissouri Court of Appeals · 1902
- Giesing v. SchowengerdtMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Baker v. CuretonSupreme Court of Oklahoma · 1915
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- State of Missouri v. JahnkeMissouri Court of Appeals · 1925
- United Iron Works Co. v. Sand Ridge Lead & Zinc Co.Missouri Court of Appeals · 1907