Sublette v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The judgment of the justice was vacated by the appeal to the circuit court of Adair county, Missouri. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo. App. 657; 2 R. S. 1889, sec. 6339, p. 1495..
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Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The judgment of the justice was vacated by the appeal to the circuit court of Adair county, Missouri. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo. App. 657; 2 R. S. 1889, sec. 6339, p. 1495.. (2) It was never revived, as provided by the statute. 2 R. S. 1889, sees. 6288, 6290, 6292, pp. 1484-1485; Pears v. Groff, 76 Mo. 92. (3) There never was any judgment rendered against the defendant in the circuit court of Adair county, Missouri, and, therefore, this motion will not lie. R. S. 1889, sec. 2252, p. 581. (4) The…
1Opinion of the CourtGill, J.
In September, 1883, plaintiff recovered a judgment before a justice of the peace against defendant for $125; defendant then appealed to the circuit court of Adair county, where on motion of plaintiff the appeal was dismissed. Thereupon defendant appealed from this judgment dismissing its appeal to the supreme court, but never prosecuting the same. Several years thereafter plaintiff sued defendant on this justice’s judgment and recovered in the circuit court of St. Louis in June, 1894. Defendant then appealed to the St. Louis court of appeals, and there, in April, 1896, the judgment of the St.…
Also in this document: Concurrence.
2Cases cited1 opinion
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1896
3Cited by2 opinions
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1899