Moore v. Damon
Missouri Court of Appeals
Error to St. Louis Circuit Court. Estoppel. One having executed an appeal bond, is estopped to deny that an appeal has been taken. — Levi v. Dorn, 28 Ohio, 217 ; Love v. Rockwell, 1 Wis. 382, and cases cited; Morse v. Hudson, 5 Mass. 316; Grant v. White, 42 Mo. 290; The Peoffie v. Falconer, 2 Sandf. 81; Bates v. Williams, 43 Ill. 494; McNamee v. Moreland, 26 Iowa, 110. An appeal bond given in a case where the appeal was not taken in time is void, and the sureties thereon are…
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Error to St. Louis Circuit Court. Estoppel. One having executed an appeal bond, is estopped to deny that an appeal has been taken. — Levi v. Dorn, 28 Ohio, 217 ; Love v. Rockwell, 1 Wis. 382, and cases cited; Morse v. Hudson, 5 Mass. 316; Grant v. White, 42 Mo. 290; The Peoffie v. Falconer, 2 Sandf. 81; Bates v. Williams, 43 Ill. 494; McNamee v. Moreland, 26 Iowa, 110. An appeal bond given in a case where the appeal was not taken in time is void, and the sureties thereon are not liable.— Moore v. Minkler, 3 Mo. App. 596 ; Garnets. Rodgers, 52 Mo. 145 ; Kinser v. Bhands, 52 Mo. 325; Adams…
1Opinion of the CourtHaydeN, J.
This case arises from the facts stated in the opinion delivered in the case of Moore v. Minkler, No. 117 of the present term. Minkler, whose surety the present respondent is, and who was himself originally a defendant in this suit, occupied the premises in that case sued for, as tenant of the plaintiff. Proceedings in unlawful detainer were then taken by the present plaintiff, judgment was rendered for restitution, for $120 damages^ and $200 monthly rent from August 18, 1873, until restitution, and Minkler applied for an appeal. On August 25th he filed with the justice a recognizance, in the…
2Cases cited2 opinions
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Adams v. WilsonSupreme Court of Missouri · 1847
3Cited by4 opinions
- Hessey v. HeitkampMissouri Court of Appeals · 1880
- Downing v. LashotMissouri Court of Appeals · 1919
- Campbell v. Kauffman Milling Co.Missouri Court of Appeals · 1907
- W. J. Donnelly Co. v. Fidelity & Casualty Co.Ohio Court of Appeals · 1926