Cella v. Schnairs
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The statute requires that the notice of appeal -shall be in writing. It nowhere requires that this written notice shall be “signed,” but only requires that the notice shall be “served,” or by “delivering” ■a copy to the appellee or his attorney. R. S. 1889, sec. 6342; Jordan v. Bauman, 28 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The statute requires that the notice of appeal -shall be in writing. It nowhere requires that this written notice shall be “signed,” but only requires that the notice shall be “served,” or by “delivering” ■a copy to the appellee or his attorney. R. S. 1889, sec. 6342; Jordan v. Bauman, 28 Mo. App. 608. (2) The appellee’s attorney having accepted the notice March 5, 1890, and evidencing that acceptance by his own signature, attached to the written notice itself, appellee must be deemed to have waived any…
1Opinion of the Court
Rombatter, P. J.-
This suit was instituted before a justice of the peace, where the plaintiff recovered judgment. The defendant thereupon appealed to the circuit court, but his appeal was not allowed on the day on which the judgment was rendered. The statute governing such proceedings provides that, in such event, the appellant shall serve the appellee, at least ten days before the first day of the term at which the cause is to be determined, with a notice in writing, stating that an appeal has been taken from the judgment therein specified. If the appellant has appeared to the suit before the…
2Cases cited7 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
- Bohn v. DevlinSupreme Court of Missouri · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- State v. LeeperIdaho Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.