Thomas v. Moore
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — How. Chas. W. Sloan, Judge. (1) The paper purporting to be a notice of appeal does not describe the judgment of the justice. It describes a judgment for $15 and costs ; and not the judgment for the recovery of the horse sued for and damages for the detention. The statute requires the notice to be-in writing, stating the fact that an appeal has been taken from the judgment therein specified.
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Appeal from the Cass Circuit Court. — How. Chas. W. Sloan, Judge. (1) The paper purporting to be a notice of appeal does not describe the judgment of the justice. It describes a judgment for $15 and costs ; and not the judgment for the recovery of the horse sued for and damages for the detention. The statute requires the notice to be-in writing, stating the fact that an appeal has been taken from the judgment therein specified. R. S. 1879, sec. 3055. “ It is necessary that the notice shall identify the case with reasonable certainty.” In Chadman v. Bronson, 3 Or. 320, the court says: “If a…
1Opinion of the CourtSmith, P. J.
This action arose in a justice’s court. The plaintiff had judgment from which defendant took an appeal in vacation within ten days after the rendition of the judgment. In such case, it is by the statute made the duty of the appealing defendant, to serve notice on the plaintiff of the taking of the appeal. If such notice is not given within ten days next before the commencement of the second term of the appellate court, the judgment of the justice shall be affirmed on *25the motion of the plaintiff, the appellant. In opposition to a motion thereto the defendant offered and read in evidence a…
2Cases cited4 opinions
- Smith v. ChapmanSupreme Court of Missouri · 1879
- Norton v. PorterSupreme Court of Missouri · 1876
- Horton v. Kansas City, Fort Scott & Gulf RailroadMissouri Court of Appeals · 1887
- Boyle v. TolenMissouri Court of Appeals · 1879
3Cited by4 opinions
- Moulder v. AndersonMissouri Court of Appeals · 1895
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- England v. DenhamMissouri Court of Appeals · 1902
- State v. MossMissouri Court of Appeals · 1912