Giesing v. Schowengerdt
Missouri Court of Appeals
Appeal from Osage Circuit Court, Hou. A. J. Seat, Judge. The respondent, by Ms consent to the filing of the affidavit and bond in vacation, under order of court, isestopped to question its efficiency now. ■ This case is not properly here and must be stricken from the docket. The precedent steps for a valid appeal were not taken by the defendants.
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Appeal from Osage Circuit Court, Hou. A. J. Seat, Judge. The respondent, by Ms consent to the filing of the affidavit and bond in vacation, under order of court, isestopped to question its efficiency now. ■ This case is not properly here and must be stricken from the docket. The precedent steps for a valid appeal were not taken by the defendants. The statute provides that ‘ ‘ no appeal shall be allowed, unless * * * the appellant shall, during the same term, file in the court his affidavit, etc.” Rev. Stat., sect. 3712. The amendatory act of 1885 (Acts 1885, p. 214, sect. 6) did not change…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages-for obstructing a water course. Plaintiff had judgment, and defendants claim to have the case here on appeal.
The record shows that no appeal was taken at the-term at which judgment was rendered ; but the record recites that, by consent, the court granted leave to defendants to file affidavit and bond for appeal, and bill of exceptions within ninety days after adjournment of court. The affidavit and bond were accordingly filed in *556vacation, and more than ten days after adjournment of court.
By section 3712, Revised Statutes, it is declared that: “No such…
2Cases cited8 opinions
- Pearson v. LovejoyNew York Supreme Court · 1866
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Stone v. CorbettSupreme Court of Missouri · 1855
- Struver v. Ocean InsuranceNew York Court of Common Pleas · 1859
- State ex rel. Wooldridge v. KeuchlerSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Scott Hardware Co. v. RiddleMissouri Court of Appeals · 1900
- Arkansas & Oklahoma Railroad v. PowellMissouri Court of Appeals · 1904
- Peters v. EdgeMissouri Court of Appeals · 1901
- United Iron Works Co. v. Sand Ridge Lead & Zinc Co.Missouri Court of Appeals · 1907
- Messerly v. HullMissouri Court of Appeals · 1894