Drake v. Bagley
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. O. Tichenor, Special Judge. (1) Respondent next seeks to stay the judgment of the justice because it was not rendered by the justice and entered on Ms docket within three days after the case was submitted to him for his final decision, in accordance with the provisions of section 6279, Bevised Statutes, 1889. The delay or neglect of the justice in rendering his decision or in entering the judgment on Ms docket is not…
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Appeal from the Jackson Circuit Court. — Hon. C. O. Tichenor, Special Judge. (1) Respondent next seeks to stay the judgment of the justice because it was not rendered by the justice and entered on Ms docket within three days after the case was submitted to him for his final decision, in accordance with the provisions of section 6279, Bevised Statutes, 1889. The delay or neglect of the justice in rendering his decision or in entering the judgment on Ms docket is not sufficient to render it invalid. B. S. 1889, sec. 6299; Herwick v. Barbers' Supply Co., 61 Mo. App. 454; Stroeh v. Dry Goods Co.,…
1Opinion of the CourtGill, J.
This is a suit to enjoin and cancel an alleged judgment of a justice of the peace, purporting to have been rendered October 12, 1892, in favor of defendant Bagley and against plaintiff Drake.
Statement The facts are about as follows: In July, 1892, Bagley sued Drake on a note for $208, which was one of two equal amounts and which were executed by one Nettleton for balance due on purchase ^ of real estate. Drake bought the land from Nettleton, and in the deed made to him he, Drake, agreed to pay the two notes as part of his purchase price. The suit came on trial before the justice September 5,…
2Cases cited3 opinions
- Herwick v. Koken Barber Supply Co.Missouri Court of Appeals · 1895
- Stroeh v. Doggett Dry Goods Co.Missouri Court of Appeals · 1896
- Gage v. VailSupreme Court of Missouri · 1881
3Cited by3 opinions
- State Ex Rel. M. J. Gorzik Corp. v. MosmanSupreme Court of Missouri · 1958
- State ex rel. M. J. Gorzik Corp. v. MosmanMissouri Court of Appeals · 1957
- State ex rel. Gardiner v. WurdemanMissouri Court of Appeals · 1915