Wolff v. Coffin
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James-G-ibson, Judge. (1) “If the appeal be not allowed on the same-day on which the judgment is rendered, the appellant shall serve the appellee, at least ten days before the-first day of the term at which the cause is to be determined, with a notice in writing, stating the fact that an.appeal has been taken from the judgment therein specified.”
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Appeal from the Jackson Circuit Court. — Hon. James-G-ibson, Judge. (1) “If the appeal be not allowed on the same-day on which the judgment is rendered, the appellant shall serve the appellee, at least ten days before the-first day of the term at which the cause is to be determined, with a notice in writing, stating the fact that an.appeal has been taken from the judgment therein specified.” R. S. 1889, sec. 6842 ; R. S. 1879, sec. 3055. (2)-The duty to affirm in such case is not discretionary, but mandatory on the court. The question of the sufficiency of the statement filed in the justice’s…
1Opinion of the CourtGill, J.
This was an action instituted before a justice of the peace. The cause was regularly tried on the evidence before the justice on December 17, 1888, and judgment rendered for plaintiff. On December 27, 1888, the defendants — respondents here — -took their .appeal to the circuit court. On May 16, 1889, the plaintiff filed his motion in the circuit court to affirm the judgment of the justice,,for the reason that “this the April term, 1889, of the circuit is the second term of ■said court since the said appeal was taken, and that no notice of said appeal was, or has been, given to the plaintiff,…
2Cases cited3 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.Missouri Court of Appeals · 1885
- Horton v. Kansas City, Fort Scott & Gulf RailroadMissouri Court of Appeals · 1887
3Cited by4 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Horn v. Excelsior Springs Co.Missouri Court of Appeals · 1893
- Haag v. WardMissouri Court of Appeals · 1901
- Butler v. PierceMissouri Court of Appeals · 1905