Brown Manufacturing Co. v. Gilpin
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. (1) The affidavit for an appeal from the justice court to the circuit court, was insufficient and did not authorize an appeal. R. S. 1899, sec. 4062; State v. Hammond, 92 Mo. App. 231; Whitehead v. Cole, 19 Mo. App. 128..
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Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. (1) The affidavit for an appeal from the justice court to the circuit court, was insufficient and did not authorize an appeal. R. S. 1899, sec. 4062; State v. Hammond, 92 Mo. App. 231; Whitehead v. Cole, 19 Mo. App. 128.. (2) The affidavit may be taken by any officer qualified to administer oaths in the State, of course, as our statutes can not reach outside of this State and have force and effect in the State of Tennessee. Since this affidavit was taken by C. W. Allen, who purports to be a notary public in Green county,…
1Opinion of the CourtBroad Dus, P. J.
The plaintiff corporation brought this suit in a justice’s court on an alleged indebtedness for goods sold and delivered to defendant to the amount of $34. The case originated in Columbia township, Boone county, where it was tried and judgment rendered for defendant and plaintiff appealed to the circuit court. When the case reached the latter court, defendant filed a motion to> dismiss for the following. causes:
“1. Because the affidavit for an appeal is insufficient to authorize an appeal.
“2. Because the appeal, bond is insufficient to authorize an appeal.
“3. Because the notice of appeal is…
2Cases cited6 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Washington Mutual Fire Insurance v. St. Mary's SeminarySupreme Court of Missouri · 1873
- Kansas City & Southeastern Railway Co. v. Kansas City & Southwestern Railway Co.Supreme Court of Missouri · 1895
- Preston v. Missouri & Pennsylvania Lead Co.Supreme Court of Missouri · 1872
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
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3Cited by5 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- State ex rel. Savings Trust Co. v. HallenMissouri Court of Appeals · 1912
- Dahlstrom v. WalkerIdaho Supreme Court · 1920
- New v. CorroughSupreme Court of Missouri · 1963
- State v. ZehnderMissouri Court of Appeals · 1914