Lee v. Kaiser
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. A nonsuit could not be taken in a case once tried upon ' its merits — an appeal case. McKnight v. Taylor, 1 Mo. 282, and cases cited; R. S., § 3556. . No notice of appeal was given until within three days of the second term after it was taken, and the appellee had the right to have the judgment of the justice affirmed or the appeal dismissed.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. A nonsuit could not be taken in a case once tried upon ' its merits — an appeal case. McKnight v. Taylor, 1 Mo. 282, and cases cited; R. S., § 3556. . No notice of appeal was given until within three days of the second term after it was taken, and the appellee had the right to have the judgment of the justice affirmed or the appeal dismissed. R. S., § 3057. Failure to give notice of the appeal amounts to a failure to prosecute. Wag. Stat., p. 850, § 21. And failure to give notice before the second, term after appeal taken, will…
1Opinion of the Court
Martin, C.
This is an action on a promissory note made by one Henry Boggs, payable to the order of John B. Kaiser, defendant, in the sum of $56, bearing ten per cent interest and indorsed by said Kaiser to plaintiff*. The suit is against defendant as indorser. Presentment, demand and dishonor of the note are alleged in the petition. It is also averred that the maker was insolvent, and that a suit against him would be unavailing, and that the defendant, with a knowledge of all these facts, promised to pay the note.
The defendant, in his answer, denies the allegations of the petition, and pleads…
2Cases cited2 opinions
- Town of Carrollton v. RhombergSupreme Court of Missouri · 1883
- Moore v. OtisSupreme Court of Missouri · 1853
3Cited by15 opinions
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Howard v. StrodeMissouri Court of Appeals · 1907
- Hickerson v. Con Frazier Buick Co.Missouri Court of Appeals · 1953
- Earl v. HartSupreme Court of Missouri · 1886
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
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