Watson v. Barbee
Missouri Court of Appeals
..Appeal from the Bay Circuit Court. — Hon. Elbridge J. Broadus, Judge. (1) No appeal allowed by tbe justice shall be dismissed for want of an affidavit or recognizance, or because the affidavit or recognizance made or given is ■defective or insufficient, if “the appellant, or some person for him, will, before the motion to dismiss is •determined, file in the appellate court the affidavit required.”
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..Appeal from the Bay Circuit Court. — Hon. Elbridge J. Broadus, Judge. (1) No appeal allowed by tbe justice shall be dismissed for want of an affidavit or recognizance, or because the affidavit or recognizance made or given is ■defective or insufficient, if “the appellant, or some person for him, will, before the motion to dismiss is •determined, file in the appellate court the affidavit required.” Revised Statutes, 1889, sec. 6340. (2) In the ease of Spencer v. Beasley, 48 Mo. App. 98, wherein a similar point was raised, going to the sufficiency of the affidavit. The court took occasion to…
1Opinion of the CourtEllison, J.
This action was begun before a jus- ' tice of the peace. Plaintiff lost the case in that court, and in appealing to the circuit court he filed an affidavit with the justice which omitted to state whether the appeal was from the merits or matter of costs. A motion was made by defendant in the circuit court to-dismiss the appeal for such omission. Before the-motion to dismiss was passed upon, plaintiff offered to. file a perfect affidavit, but the motion was nevertheless, sustained, and plaintiff comes here.
The trial court doubtless sustained such motion,, notwithstanding plaintiff offered a…
2Cases cited1 opinion
- Sprague v. Western Home InsuranceMissouri Court of Appeals · 1892
3Cited by2 opinions
- Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
- Drake v. GorrellMissouri Court of Appeals · 1908