McCabe v. Lecompte
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. McCabe, as surviving partner of Lane & McCabe, sued Lecompte before a justice of the peace.
Read the full summary
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. McCabe, as surviving partner of Lane & McCabe, sued Lecompte before a justice of the peace. The cause was tried in July, 1850. There was a judgment in favor of Lecompte, and within ten days McCabe appealed to the St. Louis court of common pleas The lecord was returned to the Sept, term, 1850, of that court; but no notice of the appeal having been given to Lecompte so as to render the cause triable at that term, it was continued, of course, to the Eebruary term, 1851. At that term, it was regularly docketed and tried, when…
1Opinion of the CourtRyland, J.
The only question in this case, is the one with regard to notice.
*79The judgment before the justice of the peace, was in favor of the defendant. Some days afterwards the plaintiff appealed, but gave no notice of his appeal to the defendant. At the first term of the court of common pleas, to which the appeal was taken, the cause was continued at the costs of the appellant. At the next term, the cause was called,, for trial and judgment was rendered, by default, against said defendant. The defendant afterwards moved to set aside this judgment and filed her affidavit in support of the motion,…
2Cited by6 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Rowley v. HindsSupreme Court of Missouri · 1872
- Roll v. CummingsMissouri Court of Appeals · 1906
- Hammerstein v. HaaseSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.