Kain v. Tuohy
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. Elliott M. Hughes, Judge. In this case this court is not called upon to say whether a given state of facts, or whether certain conduct constituted a failure to prosecute the appeal. The record of the judgment of the circuit court is that defendants refused to further prosecute their appeal. This record, of course, imports absolute verity..
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Appeal from the St. Charles Circuit Court. — Hon. Elliott M. Hughes, Judge. In this case this court is not called upon to say whether a given state of facts, or whether certain conduct constituted a failure to prosecute the appeal. The record of the judgment of the circuit court is that defendants refused to further prosecute their appeal. This record, of course, imports absolute verity.. That the record of a court, especially a court of record, and a home court, imports absolute verity, is an elementary principle of law, and we do not believe it will bo controverted. .Any number of…
1Opinion of the CourtBiggs, J.
This is an action of unlawful detainer.
The suit originated before a justice of the peace in the city of St. Louis. The judgment was against the defendants before the justice. There was an appeal to the circuit court of the city. Subsequently on motion of the defendants the venue of the cause was changed to the circuit court of St. Charles county. The latter court dismissed the appeal for failure to prosecute. The defendants have brought the case to this court by appeal.
Statement. Did the appellants fail to prosecute their appeal within the meaning of section 5155, Revised Statutes 1889 ? This…
2Cases cited2 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Ray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
3Cited by2 opinions
- Sigaloff v. Independent Breweries CompaniesMissouri Court of Appeals · 1910
- Jones v. National Candy Co.Missouri Court of Appeals · 1915