Rowley v. Hinds
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. The appearance of appellee in this cause waived the necessity of notice. (Stonach v. Glessner, 4 Wis. 275;-Williams et al. v. Stewart, 3 Wis. 773; State v. Messmore, 14 Wis. 115; Pixley v. Winchell, 7 Cow. 366; 5 Cowper, 15; Mann v. Carley, 4 Cow. 148; Tallman v. McCarty et al., 11 Wis. 401; Lewis v. Nuckols, 26 Mo. 280.) The motion to dismiss the appeal was not the proper remedy for relief by the respondent.
Read the full summary
Appeal from Buchanan Court of Common Pleas. The appearance of appellee in this cause waived the necessity of notice. (Stonach v. Glessner, 4 Wis. 275;-Williams et al. v. Stewart, 3 Wis. 773; State v. Messmore, 14 Wis. 115; Pixley v. Winchell, 7 Cow. 366; 5 Cowper, 15; Mann v. Carley, 4 Cow. 148; Tallman v. McCarty et al., 11 Wis. 401; Lewis v. Nuckols, 26 Mo. 280.) The motion to dismiss the appeal was not the proper remedy for relief by the respondent. The statute declares that the appeal shall not be dismissed because no notice of appeal has been given or served. (Wagn. Stat. 151, § 22.)…
1Opinion of the CourtBliss, Judge
The defendants appealed from a judgment of a justice of the peace, and failed to give the plaintiff the notice required by the statute. The cause was continued at the first term of the appellate court, and at the next term the plaintiff obtained an affirmance of the judgment below for the reason that the appeal had not been “prosecuted by the appellant according to law.” (Wagn. Stat. 344, § 16.)
The .questions raised are whether an appearance to procure an affirmance of the judgment was such as obviated the necessity of notice ; and if not, whether the failure to give the notice is such a…
2Cases cited3 opinions
- McCabe v. LecompteSupreme Court of Missouri · 1851
- Hammerstein v. HaaseSupreme Court of Missouri · 1871
- Town v. Clerk of Supreme CourtSupreme Court of Missouri · 1828
3Cited by9 opinions
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.Missouri Court of Appeals · 1885
- Town of Brownsville v. RembertSupreme Court of Missouri · 1876
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Crosby v. ClaryMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.