Moston v. Stow
Missouri Court of Appeals
Appeal from Maries Circuit Court — Hon. James E. Hazel\ Judge. (1) Tbe court erred in overruling defendant’s motion to dismiss tbis cause, and in permitting tbe plaintiff to file an amended affidavit for an appeal after defendant’s motion to dismiss bad been by tbe court determined. Sec. 4062, R. S. 1899; Sec. 4072, R. S. 1899; Spencer v. Beasley, 48 Mo. App. 97; Wbitebead v. Cole & Rodgers, 49 Mo. App. 428; Devore v. StaecMer, 49 Mo. App. 547; Kelm v. HunHer, 49 Mo.
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Appeal from Maries Circuit Court — Hon. James E. Hazel\ Judge. (1) Tbe court erred in overruling defendant’s motion to dismiss tbis cause, and in permitting tbe plaintiff to file an amended affidavit for an appeal after defendant’s motion to dismiss bad been by tbe court determined. Sec. 4062, R. S. 1899; Sec. 4072, R. S. 1899; Spencer v. Beasley, 48 Mo. App. 97; Wbitebead v. Cole & Rodgers, 49 Mo. App. 428; Devore v. StaecMer, 49 Mo. App. 547; Kelm v. HunHer, 49 Mo. App. 664; State v. Thompson, 81 Mo. 163; Moulder & Simpson v. Anderson, 63 Mo. App. 34. (2) Tbe court erred in not permitting…
1Opinion of the CourtBroaddus, J.
— This suit was commenced October 18, 1S99, before a justice of the peace and appealed to the circuit court where it was tried and finding and judgment had for the plaintiff; from which the defendant appealed.
In the circuit court the defendant, on the third day of April, 1900, filed a motion to dismiss the appeal on the ground that the affidavit for appeal failed to show that the plaintiff, who had appealed from the finding in the justice’s court, had complied with the statute regulating appeals, in that the affi-. davit did not state whether she had appealed from the merits, or from a…
2Cases cited6 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Higgins v. TurnerSupreme Court of Missouri · 1875
- Brown v. DresslerSupreme Court of Missouri · 1894
- Finley & Miller v. MagillMissouri Court of Appeals · 1894
- Zeysing v. WelbournMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rubel-Jones Agency, Inc. v. JonesDistrict Court, W.D. Missouri · 1958
- Woods v. RainsCourt of Appeals for the Eighth Circuit · 1939
- Moore v. ShoupMissouri Court of Appeals · 1907