Weisenecker v. Kepler
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis county. An appeal from a justice can only be entertained upon a final judgment in the cause. See article 8, sec. 1, and following, regulating Justices; Revised Code, 369. Upon an appeal granted from a justice, all the papers in the cause must be sent up, before the circuit court is possessed of the cause.
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Appeal from the Circuit Court of St. Louis county. An appeal from a justice can only be entertained upon a final judgment in the cause. See article 8, sec. 1, and following, regulating Justices; Revised Code, 369. Upon an appeal granted from a justice, all the papers in the cause must be sent up, before the circuit court is possessed of the cause. See R. Code, page 370, sections 7 & 8. ..The circuit court in this case committed no error in overruling^ said motion to arrest said judgment. 1st. Because the Statute of Missouri, (see'Missouri Digest, page 369, 1st section,) provides that any…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
From the record of this case it is difficult, perhaps impos-' sible, to make out any plain history thereof: but 'the following seems to be agreed on by the counsel of each party : Weiseneeker instituted a suit against Kepler by attachment, and took possession, under the authority of the writ of attachment, of certain property. Stine & Smith interpleaded, claiming the property attached. Issue was joined, and the cause submitted to a jury upon evidence; the jury found for the interpleaders Stine & Smith. The justice of the peace before whom the cause was…
2Cited by1 opinion
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