Studer v. Federle
Missouri Court of Appeals
Appeal from, the Buchanan Circuit Court. — Hon. A. M. "Woodson, Judge. (1) The court erred in sustaining the motion to affirm the judgment of the justice of the peace, for the, reason that said cause had been duly appealed, and it was no neglect on the part of the appellants that the transcript was not filed before the day it was, and no appearance had been entered by the appellee until the January term of this court, 1893; to wit, on January 5, 1893. (2) Because the court…
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Appeal from, the Buchanan Circuit Court. — Hon. A. M. "Woodson, Judge. (1) The court erred in sustaining the motion to affirm the judgment of the justice of the peace, for the, reason that said cause had been duly appealed, and it was no neglect on the part of the appellants that the transcript was not filed before the day it was, and no appearance had been entered by the appellee until the January term of this court, 1893; to wit, on January 5, 1893. (2) Because the court erred in sustaining said motion for the reason that the appellants came into the court with their notice of appeal, duly…
1Opinion of the CourtEllison, J.
— This action was begun before a justice of the peace where plaintiff had judgment. Within ten days after the judgment, defendants were allowed an appeal to the circuit court. This was more than ten days prior to the September term of the Buchanan circuit court. Defendant did not give notice of the appeal until after the January term of the circuit court had begun. Whereupon the plaintiff filed his motion asking that the judgment of the justice be affirmed, for the reason that no notice had been given of the appeal, which the court sustained. It appears that the justice did not file his…
2Cases cited2 opinions
- Cella v. SchnairsMissouri Court of Appeals · 1890
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
3Cited by2 opinions
- Butler v. PierceMissouri Court of Appeals · 1905
- Missouri Auto Specialty Co. v. FigginsMissouri Court of Appeals · 1915