Bernicker v. Miller

This was an action for unlawful detainer, commenced before a justice of the peace in St. Louis county. The trial before the justice was had on the 11th day of April, 1864, and the plaintiff obtained judgment. The defendant applied for an appeal, and filed his affidavit and bond, on the same day. The St. Louis Land Court, which was the appellate court in this instance, was in session at the time. No transcript was filed by the appellant within the time prescribed by law, and on the 2d day of May the appellee produced a transcript and papers in court, and moved to dismiss the appeal, because…