Brinkerhoff v. Elliott
Missouri Court of Appeals
Appeal from the Dade Circuit Court. — How. D. P. Stratton, Judge. (1) The court should have dismissed the appeal. The plaintiff voluntarily paid off the judgment of the justice, and thereby satisfied and extinguished it, so that there was nothing in existence from which to appeal, when he attempted some days later to take an appeal. Houck v. Swartz, 25 Mo.
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Appeal from the Dade Circuit Court. — How. D. P. Stratton, Judge. (1) The court should have dismissed the appeal. The plaintiff voluntarily paid off the judgment of the justice, and thereby satisfied and extinguished it, so that there was nothing in existence from which to appeal, when he attempted some days later to take an appeal. Houck v. Swartz, 25 Mo. App. 20 ; Robarás v. Lamb, 76 Mo. 192. The deposit must be a sum equal to the ‘‘ costs that have accrued, and will probably accrue in the same.” R. S. 1889, sec. 6155 ; R. S. 1879, sec. 2868 ; Harrison %. Railroad, 74 Mo. 364, 371 ;…
1Opinion of the CourtGill, J.
This action was brought before a justice of the peace, where the complaint was as follows:
*189“ Plaintiff states that defendant had on the twenty-second day of July, 1887, a lot of miners mining for lead and zinc on his land near the town of Aurora in said county of Lawrence, to-wit: — and known as the mining lands of S. G. Elliott, and was superintendent of said mines and had the rules of said mines duly posted in his office, as required by the laws of the state of Missouri, and one of said rules provided that, if it may become necessary to drain the lands by a system of pinups, each miner on…
2Cases cited9 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- RoBards v. LambSupreme Court of Missouri · 1882
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3Cited by5 opinions
- Boone v. BooneSupreme Court of Iowa · 1912
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Iola Portland Cement Co. v. UllmannMissouri Court of Appeals · 1911
- Koch v. SachlebenMissouri Court of Appeals · 1904
- Beatie v. Rocky Branch Coal Co.Missouri Court of Appeals · 1894