Thomas v. Missouri Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Macon Circuit Court.—Ron. Nat M. Shelton, Judge. On the merits of said motion, the appellant says that the affidavit filed herein is sufficient. In construing an affidavit the court ought to follow the rule laid down for the construction of the statutes. E. S. 1899, sec. 4158; DeBolt v. Bail-road, 123 Mo. 496 loe. cit. 501, 513; Melcher v. Scruggs, 72 Mo. 406; Eing v. Paint & Glass Co., 46 Mo.
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Appeal from Macon Circuit Court.—Ron. Nat M. Shelton, Judge. On the merits of said motion, the appellant says that the affidavit filed herein is sufficient. In construing an affidavit the court ought to follow the rule laid down for the construction of the statutes. E. S. 1899, sec. 4158; DeBolt v. Bail-road, 123 Mo. 496 loe. cit. 501, 513; Melcher v. Scruggs, 72 Mo. 406; Eing v. Paint & Glass Co., 46 Mo. App. 374. (1) This affidavit is fatally defective, in that it fails to show that the appellant, The Missouri Town Mutual Eire Ins. Co., is, or that the affiant believes the appellant is,…
1Opinion of the CourtBeoaddhs, J.
—The finding and judgment *14the plaintiff, from which defendant appealed. Since the filing of the case here the plaintiff has moved to dismiss the appeal on the ground that the affidavit for appeal is not sufficient to give the court jurisdiction. The appellant contends that this motion can not now be considered because it was not filed in time, and because appellant was not notified by the respondent of the filing of the same. But as the motion raises the question of jurisdiction, which is always in order, we must first decide that question; for unless the affidavit for appeal is sufficient…
2Cases cited3 opinions
- State ex rel. Craig v. WoodsonSupreme Court of Missouri · 1895
- DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1894
- Manion v. StateSupreme Court of Missouri · 1848
3Cited by9 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Schnabel v. ThomasMissouri Court of Appeals · 1902
- State Ex Rel. White v. TerteMissouri Court of Appeals · 1956
- State v. PrestonNevada Supreme Court · 1908
- Arkansas & Oklahoma Railroad v. PowellMissouri Court of Appeals · 1904
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