Hammond v. Kroff
Missouri Court of Appeals
Appeal from the Qreene Circuit Court. — Hon. W. D. Hubbard, Judge. The defendant being a non-resident of the county where suit was brought had twenty days in which to take his appeal. R. S., sec. 3041. The second term of circuit court after appeal was taken was May term, beginning May 7, 1888, the notice thereof being given April 18, 1888, was ten days before second term after appeal.
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Appeal from the Qreene Circuit Court. — Hon. W. D. Hubbard, Judge. The defendant being a non-resident of the county where suit was brought had twenty days in which to take his appeal. R. S., sec. 3041. The second term of circuit court after appeal was taken was May term, beginning May 7, 1888, the notice thereof being given April 18, 1888, was ten days before second term after appeal. R. S., secs. 3055, 3056, 3057. If appellee does not reside in the county, service of notice on agent- is sufficient: so service on McCammon was sufficient. R. S., sec. 3055. A service of notice of appeal on the…
1Opinion of the CourtRombauer, P. J.
The plaintiffs, as partners, recovered a judgment against defendant before a justice, June 4, 1887, from which defendant subsequent to the day of its rendition, but in due time, appealed to the circuit court of Grreene county.
The appeal was returnable to the October term of said court. More than ten days before the next succeeding term, the appellant filed in the circuit court the following written notice of appeal, and acknowledgment of service:
“ R. R. Hammond and B. P. Primm, Plaintiffs, vs. “Chas. Kroff, Defendant.,
“ To the above named plaintiffs:
“You are hereby notified that I have taken…
2Cases cited1 opinion
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
3Cited by12 opinions
- Cella v. SchnairsMissouri Court of Appeals · 1890
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
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