Rosenberger v. Pacific Express Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. There is no affidavit for an appeal. The paper filed as an affidavit is a nullity. No signature and no jurat. There is no appeal without an affidavit and the appeal should be dismissed. State ex rel. v. Gates, 113 Mo. App. 694; Peters v. Edge, 87 Mo. App. 283; Single v. Smith, 48 Mo. 276.
1Opinion of the CourtReynolds, P. J.
In this case respondent filed a motion to dismiss the appeal for reasons stated, which motion was sustained and the appeal dismissed. After-*628wards, on. application and motion of appellant, that order of dismissal was set aside, leave being at the same time granted respondent to file a supplemental or additional abstract. That was done. It appears by this additional abstract filed by respondent, the facts in which are not controverted, that no affidavit for appeal, was ever in fact made or filed. A paper appears to have been filed, in which paper it is set out that one of the attorneys, as…
2Cases cited3 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Lengle v. SmithSupreme Court of Missouri · 1871
- Peters v. EdgeMissouri Court of Appeals · 1901