Legal Opinion

Hagerty v. LierLy

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 2 opinions

Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) The action of the justice in refusing to allow the appeal was proper. The sureties on an appeal bond must.be “approved by the justice.” R. S. 1899, sec. 4060. (2) A rule on a justice of the peace to allow an appeal from a judgment rendered by him is not authorized when it does not appear that the party moving for the rule tendered or was ready to perfect the bond .for appeal within the prescribed time.

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1Opinion of the CourtEllison, J.

This is a proceeding to compel a -justice of the peace to allow an appeal under the terms of section 4065, Revised Statutes 1899, reading as follows:

*633“If the justice fail to allow an appeal in the cause when the same ought to be allowed, or if, by absence, sickness, or any other cause on his part, an appeal can not be taken in time, the circuit court, or other court having jurisdiction of such appeal, or judge thereof in vacation, on such fact satisfactorily appearing, may, by rule and attachment, compel the justice to allow the same, and to return his proceedings in the suit, together with…

Also in this document: Concurrence.

2Cases cited1 opinion

Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894

3Cited by2 opinions

Downing v. DowningMissouri Court of Appeals · 1955
State ex rel. Goodman & Co. v. Circuit CourtMissouri Court of Appeals · 1912