Stateex rel. Moxley v. Hammond
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Defendant did not comply with section 4060, Revised Statutes 1899, and made no attempt to amend, as he might have done, under section 4012, Revised Statutes 1899. (2) The transcript of justice originally filed did not comply with section 4064, Revised Statutes 1899. (3) The record does not disclose and plaintiff made no attempt to show, that an affidavit or bond was indeed filed or deposited with the…
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Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Defendant did not comply with section 4060, Revised Statutes 1899, and made no attempt to amend, as he might have done, under section 4012, Revised Statutes 1899. (2) The transcript of justice originally filed did not comply with section 4064, Revised Statutes 1899. (3) The record does not disclose and plaintiff made no attempt to show, that an affidavit or bond was indeed filed or deposited with the justice in due time as required by section 4066. Devore v. Shaeclder, 49 Mo. App. 553; Moulder & Simpson v. Anderson, 63 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action which was begun before a justice of the peace, from whence it was removed by appeal to the circuit court where there was a judgment of dismissal for want of prosecution, from which plaintiff has appealed.
If the circuit court had jurisdiction of the action, and the plaintiff failed to prosecute the same, then the judgment must stand; otherwise it must be reversed. Whether the court had jurisdiction or not depends upon whether or not there was a statutory appeal granted, and if so, whether or not the usee was served with notice thereof in the manner required by the statute,…
2Cases cited7 opinions
- Green v. CastelloMissouri Court of Appeals · 1889
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
- Cella v. SchnairsMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Drake v. GorrellMissouri Court of Appeals · 1908
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- State v. PrestonNevada Supreme Court · 1908
- State ex rel. Blair v. Garnett Mining Co.Missouri Court of Appeals · 1913
- State ex rel. Keirsey v. CalvirdMissouri Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.