Leith v. Shingleton
Missouri Court of Appeals
Appeal from the Qass Circuit Court. — ITon. Chas. W. Sloan, Judge. '{1) A justice of the peace has no power to grant a new trial except in cases of nonsuit, or of judgment by default.
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Appeal from the Qass Circuit Court. — ITon. Chas. W. Sloan, Judge. '{1) A justice of the peace has no power to grant a new trial except in cases of nonsuit, or of judgment by default. R. S. 1879, sec. 2949; Downing v. Garner, 1 Mo. 751 ; Cason v. Tate, 8 Mo. 45; City of St. Joe ¶. Hamilton, 48 Mo. 282; Weelcs v. Mter, 81 Mo. 375. The judgment rendered by the justice in the plaintiff’s favor on the second day of March, 1889, and against both defendants was neither a nonsuit nor a judgment by default. (2) The appearance of plaintiff to take an appeal, and to try the cause in the circuit court,…
1Opinion of the CourtEllison, J.
This action originated before a justice of the peace, who rendered a judgment for the plaintiff. This judgment shows upon its face an appearance of defendants and a trial on March 2, 1889. Afterwards, on March 11, one of the defendants, as shown by the following entry, “ appeared and filed affidavit to set aside the judgment in this cause, and, having shown good cause therefor and paid all costs that have accrued up to this time, it is ordered that said judgment be set aside and a new trial granted defendants.” On the day set for the new trial, plaintiff and defendants appeared, went into…
2Cases cited2 opinions
- Cason v. TateSupreme Court of Missouri · 1843
- Downing v. GarnerSupreme Court of Missouri · 1827
3Cited by1 opinion
- Langford v. City of DoniphanMissouri Court of Appeals · 1895