Gerhart v. Fout
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The court had no jurisdiction to enter judgment against Brady.
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Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. The court had no jurisdiction to enter judgment against Brady. Foo Long v. American Swety Co., 146 N. Y. 255; Johnson v. Flint, 34 Ala. 673; Hof singer v. Hartnett, 84 Mo. 549; Brewing Co. v. Talbot, 125 Id. 388; Schuester v. Weiss, 114 Id. 158- Ludlow v. Simon, 2 Caine’s Cases, 1;' State v. Medary, 17 Ohio St. 365; Brandt on Sur. and Gruar., secs. 97, 452, 453, 426, 459,- and citation; Bayl. on Sur., secs. 144, 145, 260. The surety on the appeal bond is bound only where there is an affirmance of the judgment of the…
1Opinion of the CourtBond, J.
This action was begun before a justice of the peace for services in procuring a loan upon defendant’s real estate. Plaintiff had judgment for $245, from which defendant appealed to the circuit *140court, where defendant had judgment, from which plaintiff appealed to this court, where the same was reversed and the cause remanded. (67 Mo. App. 423). Thereafter, upon a stipulation filed in said cause, the following judgment was entered in the circuit court:
“Now at this day come said parties, by their respective attorneys, and consenting and agreeing thereto, it is considered and adjudged by the…
2Cases cited4 opinions
- Sappington v. LenzMissouri Court of Appeals · 1893
- Gerhart v. FoutMissouri Court of Appeals · 1896
- Bailey v. RosenthalSupreme Court of Missouri · 1874
- Horstmeyer v. ConnorsMissouri Court of Appeals · 1892
3Cited by2 opinions
- McDougal v. McDougalMissouri Court of Appeals · 1955
- Jameson v. HiltonMissouri Court of Appeals · 1900