Nelson v. Nelson
Missouri Court of Appeals
Appeal from Montgomery Circuit Court, Hon. E. M. Hughes, Judge. The case and facts are stated in the opinion of the court. I. The court erred in overruling the plaintiff’s , motion asking that defendants’ appeal to the circuit court be dismissed. The plaintiff was entitled to the protection granted him by section 2476, Revised Statutes, 1879, before the justice had any right to grant the appeal, and . the bond taken under section 3042, was insufficient.
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Appeal from Montgomery Circuit Court, Hon. E. M. Hughes, Judge. The case and facts are stated in the opinion of the court. I. The court erred in overruling the plaintiff’s , motion asking that defendants’ appeal to the circuit court be dismissed. The plaintiff was entitled to the protection granted him by section 2476, Revised Statutes, 1879, before the justice had any right to grant the appeal, and . the bond taken under section 3042, was insufficient. The appeal was taken only by Wm. C. Nelson, and the appeal, so far as Martin Nelson and Virjane Nelson was concerned, ought to have been…
1Opinion of the CourtHall, J.
This was an action for forcible entry and detainer begun before a justice of the peace. The plaintiff had judgment against all the defendants for the recovery of the land, for two cents as damages, and. for two cents as monthly rents and profits. From this judgment the defendants appealed to, the circuit court, but the affidavit and bond for the appeal were made-and executed by only one of them. The appeal bond was defective also in being made to conform to the requirements of section 3042, Revised.Statutes, instead of section 2476-. The transcript of the justice’s record was filed in due…
2Cases cited1 opinion
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