George v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A.. Powell, Judge. (1) The circuit court erred in dismissing the appeal of appellant from the justice of the peace. R. S. 1909, sec. 7579; Drake v. Gorrell, 127 Mo. App. 636;, Kraas & Thurman v. Shipp, 69 Mo. App. 46; Hull v. Beard, 80 Mo. App. 200; Bailey v. Kelley, 38 Mo. App. 623; Kermis v. Distilling Co., 79 Mo. App. 114. The claim that defendant had no opportunity given to it, to file a bond, has no foundation in fact.
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Appeal from Jackson Circuit Court. — Hon. Walter A.. Powell, Judge. (1) The circuit court erred in dismissing the appeal of appellant from the justice of the peace. R. S. 1909, sec. 7579; Drake v. Gorrell, 127 Mo. App. 636;, Kraas & Thurman v. Shipp, 69 Mo. App. 46; Hull v. Beard, 80 Mo. App. 200; Bailey v. Kelley, 38 Mo. App. 623; Kermis v. Distilling Co., 79 Mo. App. 114. The claim that defendant had no opportunity given to it, to file a bond, has no foundation in fact. Defendant had from October 12, 1911, the date when the motion to dismiss the appeal was filed, until November 11, 1911,…
1Opinion of the CourtJohnson, J.
Plaintiff brought an action for damages against defendant on September 21,1911, before a justice of the peace. A trial was had October 4, 1911, resulting in a verdict and judgment for plaintiff. October 6, 1911, defendant filed an affidavit for' appeal to the circuit court but filed no appeal bond and on that date the justice allowed the appeal. October 12, 1911, and after the cause had been transmitted to the circuit court, plaintiff filed a motion to dismiss the appeal on the ground that defendant had failed to file an appeal bond.
The motion was heard November 11,1911, and the only evidence…
2Cases cited1 opinion
- Hyatte v. WheelerMissouri Court of Appeals · 1903