Turner v. Northcut
Supreme Court of Missouri
APPEAL from Boone. The appellant relies upon the following points and authorities. 1. The record and proceedings in the case of Turner vs. McCarty, were illegal and irrelevant as evidence in the cause. There never was a final trial and judgment upon the merits of the cause.
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APPEAL from Boone. The appellant relies upon the following points and authorities. 1. The record and proceedings in the case of Turner vs. McCarty, were illegal and irrelevant as evidence in the cause. There never was a final trial and judgment upon the merits of the cause. The appeal being properly taken from the justice’s judgment, and the original papers being filed in the circuit court, divested the justice’s judgment of all legal effect, and the circuit court was possessed of the cause, and was bound to hear, try and determine the cause anew. See Revision 1835, title, Justice’s Courts,…
1Opinion of the CourtScott, J.
Northcut and McCarty brought an action against Turner in a justice’s court, on an account for plank, lumber, &c. After a trial in the justice’s court, the cause was taken by appeal to the circuit court, where on a trial de novo, Turner admitted that he had received the articles charged against him, but maintained that they were delivered to him in satisfaction of a bond he held on McCarty, one of the plaintiff’s in this suit. To counteract this defence, the plaintiffs produced in evidence the record of a suit commenced by Turner against McCarty in a justice’s court, on a bond mentioned, from…
2Cited by6 opinions
- Dickson v. SimpsonTennessee Supreme Court · 1938
- Earl v. HartSupreme Court of Missouri · 1886
- Illinois Central Railroad v. WeaverIllinois Supreme Court · 1870
- Alms & Doepke Co. v. JohnsonOhio Court of Appeals · 1954
- Lay v. MyersAppellate Court of Illinois · 1913
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