City of Mexico v. Geiger
Missouri Court of Appeals
Appeal from the Aud/ram Circuit Court. — Hon. E. M. Hughes, Judge. “An appeal bond actually given, although given in ■ •a, case in which by law an appeal would not lie,” is valid. Chase v. Smith, 4 Cranch C. Ct. 90; Devised •Statutes, 1889, sec. 4380; Given v. Corse, 20 Mo. App. 132; Vogel v. Meyer, 23 Mo. App. 427; Brewing Co. v-. JSfeiderweiser, 28 Mo. App. 233; Stillwell v. Aaron, 69 Mo. 539; Bowen v. Beed, 34 Ind.
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Appeal from the Aud/ram Circuit Court. — Hon. E. M. Hughes, Judge. “An appeal bond actually given, although given in ■ •a, case in which by law an appeal would not lie,” is valid. Chase v. Smith, 4 Cranch C. Ct. 90; Devised •Statutes, 1889, sec. 4380; Given v. Corse, 20 Mo. App. 132; Vogel v. Meyer, 23 Mo. App. 427; Brewing Co. v-. JSfeiderweiser, 28 Mo. App. 233; Stillwell v. Aaron, 69 Mo. 539; Bowen v. Beed, 34 Ind. (Black.) 430; Story ■on Contracts, sec. 548; State v. Suteliff, 17 Atl. Eep. •(E. I.) 920. The court erred in refusing to grant plaintiff a new trial.
1Opinion of the CourtGill, J.
— Defendant G-eiger was charged before the city recorder of Mexico with the violation of an ordinance of the city. He appeared, entered a plea of guilty and was fined $50 by the recorder. From the .judgment G-eiger appealed to the circuit court, and he •and his co-defendants made the so-called appeal bond here in suit. This so-called appeal was dismissed by the circuit court, clearly on the ground that no appeal would lie from a judgment of the recorder entered on a plea of gtiilty. The case we have here is a suit by the ■city of Mexico on the appeal bond above referred to, ■and from a…
2Cases cited1 opinion
- State v. HallerMissouri Court of Appeals · 1886
3Cited by4 opinions
- State Ex Rel. Garnholz v. La DriereSupreme Court of Missouri · 1957
- State Ex Rel. Kansas City v. MeyersSupreme Court of Missouri · 1974
- State v. AkersMissouri Court of Appeals · 1956
- Howlett v. TurnerMissouri Court of Appeals · 1902