J. W. Teasdale & Co. v. American Fruit Product Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— Hon. Wm. M. Kinsey, Judge. The notice of appeal given in this case is fatally defective because it misdescribes the judgment appealed from. The plaintiff is a corporation; the notice of appeal names an individual as the party plaintiff. State to use v. Hammond, 92 Mo. App. 235; Munroe v. Herrington, 99 Mo. App. 288; igo v. Bradford, 110 Mo. App. 670; Stone v. Baer,-82 Mo. App. 339; Drug Co. v. Hill, 61 Mo.
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Appeal from the St. Louis City Circuit Court.— Hon. Wm. M. Kinsey, Judge. The notice of appeal given in this case is fatally defective because it misdescribes the judgment appealed from. The plaintiff is a corporation; the notice of appeal names an individual as the party plaintiff. State to use v. Hammond, 92 Mo. App. 235; Munroe v. Herrington, 99 Mo. App. 288; igo v. Bradford, 110 Mo. App. 670; Stone v. Baer,-82 Mo. App. 339; Drug Co. v. Hill, 61 Mo. App. 680; McGinnis v. Taylor, 22 Mr. App. 514; Tiffin v. Millington, 3 Mo. 418; Wa.de, Law of Notice, sec. 1211. A notice of an appeal from a…
1Opinion of the CourtGoode, J.
(after stating the facts).
The notice of appeal is said to have been insufficient to confer jurisdiction on the circuit court for the reason that the action was by J. W. Teasdale & Go., a corporation; whereas the notice of appeal was entitled in the name of J. W. Teasdale, an individual. But the notice designated the justice of the peace from whose judgment the appeal was taken and gave the date on which the judgment was rendered and the amount of it. The statute says the notice shall state the fact that the appeal has been taken from the judgment therein specified. It has been held that the…
2Cases cited6 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Munroe v. HerringtonMissouri Court of Appeals · 1903
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
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3Cited by5 opinions
- Clay v. TurnerMissouri Court of Appeals · 1909
- Rainey v. Reorganized Church of Jesus Christ, the Latter Day SaintsMissouri Court of Appeals · 1921
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1907
- Taff v. Standard Life & Accident InsuranceMissouri Court of Appeals · 1907
- Hoffman Bros. Piano Co. v. MorrisMissouri Court of Appeals · 1915