Hyatte v. Wheeler
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — How. Henry G. Riley, Judge. (1) Under the law no appeal from a judgment rendered in the court of a justice of the peace can be taken with out an affidavit and recognizance for appeal, and unless the bond is filed either before the justice of the peace or in the circuit court, pending a motion to dismiss for want of such recognizance, the circuit court nor this court acquires no jurisdiction. R. S. 1899, secs. 4060', 4072; Devore w.
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Appeal from Pemiscot Circuit Court. — How. Henry G. Riley, Judge. (1) Under the law no appeal from a judgment rendered in the court of a justice of the peace can be taken with out an affidavit and recognizance for appeal, and unless the bond is filed either before the justice of the peace or in the circuit court, pending a motion to dismiss for want of such recognizance, the circuit court nor this court acquires no jurisdiction. R. S. 1899, secs. 4060', 4072; Devore w. StaecHer, 49' Mo. App. 547; Moulder v. Anderson, 63 Mo. App. 34. (2) The mere fact that the law allows a party, upon a proper…
1Opinion of the CourtReyburn, J.
This action was brought on an account before a justice of the peace, who rendered judgment for defendants, whereupon the plaintiff appealed to the circuit court of Pemiscot county. It is conceded by appellants that respondent filed proper affidavit for appeal from the judgment rendered by the magistrate, but by the latter, respondent had been permitted to prosecute his suit in forma pauperis and no bond for appeal to the circuit court was exacted. Appellants moved to dismiss in the circuit court for failure by plaintiff to execute and file an appeal bond before the justice, but the motion was…
2Cases cited7 opinions
- Harrison v. StantonIndiana Supreme Court · 1896
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Green v. CastelloMissouri Court of Appeals · 1889
- Devore v. StaecklerMissouri Court of Appeals · 1892
- Ostrander v. HarperNew York Supreme Court · 1857
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3Cited by5 opinions
- Bell v. SimpsonSupreme Court of Colorado · 1996
- Spain v. MurrySupreme Court of Colorado · 1925
- Bader v. JonesMissouri Court of Appeals · 1906
- Britt v. SummersMissouri Court of Appeals · 1917
- George v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912