Martin v. White
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. That the court erred in proceeding to affirm the judgment of the justice without a trial de novo. Tide Rev. St&t., act to establish Justices’ Courts, art. 8, sec. 13. 2. That the court tried the case without a jury and without the consent of the defendant — the action being founded on account and not an instrument of writing. Art. 13, State Constitution; Pratte vs. Cabanne, 9th vol. Mo. R., p. 163; Myers vs. Wolfolk, 3rd vol. Mo.
Read the full summary
APPEAL from St. Louis Circuit Court. 1. That the court erred in proceeding to affirm the judgment of the justice without a trial de novo. Tide Rev. St&t., act to establish Justices’ Courts, art. 8, sec. 13. 2. That the court tried the case without a jury and without the consent of the defendant — the action being founded on account and not an instrument of writing. Art. 13, State Constitution; Pratte vs. Cabanne, 9th vol. Mo. R., p. 163; Myers vs. Wolfolk, 3rd vol. Mo. R., top p. 246; Rev. Rtat., act to regulate Practice at Law, art. 3, sec. 42.
1Opinion of the CourtNapton, J.
White recovered against Martin thirty-five dollars on an account before a justice of the peace, and Martin appealed to the Circuit Court.— When the case was called, Martin not appearing, the judgment of the justice was, on White’s motion, affirmed, and a judgment entered against Martin and his security in the appeal bond for the amount of the justice’s judgment and costs. Subsequently, a motion was made to set this judgment aside, on the ground that the plaintiff had offered no proof, and because no trial de novo was had. This motion being overruled, Martin appealed to this court.
The 16th…
2Cited by5 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Westpheling v. EnrightSupreme Court of Missouri · 1875
- Milligan v. DunnSupreme Court of Missouri · 1854
- McDowell v. StrongSupreme Court of Missouri · 1865