Priest v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Monroe Circuit Court.—Hon. Theodore Brace, Judge. The judgment of the court below is erroneous upon its face. Even if it can be presumed that the plaintiff entered his appearance on or before the second day of the first term after the taking of the appeal (although there is nothing showing this fact), this only entitled him to have the case tried at such term, or to have it continued at the cost of the appellant.
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Appeal from Monroe Circuit Court.—Hon. Theodore Brace, Judge. The judgment of the court below is erroneous upon its face. Even if it can be presumed that the plaintiff entered his appearance on or before the second day of the first term after the taking of the appeal (although there is nothing showing this fact), this only entitled him to have the case tried at such term, or to have it continued at the cost of the appellant. R. S., sec. 3056. He was only entitled to have the judgment of the justice affirmed in case the appellant failed to give the required notice of the appeal at least ten…
1Opinion of the CourtBlack, J.
This suit was instituted before a justice-of the peace. Judgment was rendered by default on July 9, 1881. Subsequently, defendant filed a motion to-set aside the judgment, which motion was overruled, and on July 22, the defendant appealed to the-*523circuit court. More than ten days intervened between that appeal and the commencement of the next term of the circuit court, the October term, 1881. On October' 24, 1881, appellee entered his appearance in the circuit court, the appellant having failed to give any notice of the appeal. On the next day appellant moved to dismiss the suit, which motion…
2Cases cited12 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- White v. Van HoutenSupreme Court of Missouri · 1873
- Snider v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Berry v. Union Trust Co.Supreme Court of Missouri · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Pearce v. TittsworthSupreme Court of Missouri · 1885
- Davis v. MillerMissouri Court of Appeals · 1889
- Deatley v. PotterMissouri Court of Appeals · 1888
- Mumma v. StaudteMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.