Morris v. Scherer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — ■ Hon.. Jambs E. Withrow, Judge. The only question involved in this case is whether the appellants had perfected their appeal — in other words, had they submitted a bond which the justice approved as such, as alleged in their petition for a rule and attachment? This question, with all the evidence bearing thereon, was submitted to the circuit court, who decided against the contention of the appellants.
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Appeal from the St. Louis City Circuit Court. — ■ Hon.. Jambs E. Withrow, Judge. The only question involved in this case is whether the appellants had perfected their appeal — in other words, had they submitted a bond which the justice approved as such, as alleged in their petition for a rule and attachment? This question, with all the evidence bearing thereon, was submitted to the circuit court, who decided against the contention of the appellants. At most all that can be claimed by the appellants on this subject is that the evidence relating thereto is conflicting. Will this court review…
1Opinion of the CourtBond, J.
On the fourth of March, 1898, Fred Scherer, William Schaefer and Fred Schwobel, filed a motion in the circuit court of the city of St. Louis, for a rule upon H. S. Harmon, a justice of the peace of said city, requiring him to allow an appeal in the case-of Nelson Morris et al. v. Fred Scherer et al., wherein he had rendered judgment against the movers, and wherein they alleged they took an appeal and executed a bond therefor, which was approved by said justice,, within ten days after the rendition of said judgment, notwithstanding which he had failed to allow such appeal and make proper…
2Cases cited5 opinions
- Rubey v. Missouri Coal & Mining Co.Missouri Court of Appeals · 1886
- Todd v. TerryMissouri Court of Appeals · 1887
- Daudt v. KeenSupreme Court of Missouri · 1894
- Smith v. FinnSupreme Court of Missouri · 1883
- City of St. Louis v. WetzelSupreme Court of Missouri · 1892
3Cited by1 opinion
- State ex rel. Goodman & Co. v. Circuit CourtMissouri Court of Appeals · 1912