Fendrich v. Burress
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The appellant from a justice’s court is at all times bound to prosecute his appeal with diligence. R. S'. 1899, secs. 4073, 4074, 4075, 4076; Cabanne v. Macadaris, 91 Mo. App. 70; Hardison y.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The appellant from a justice’s court is at all times bound to prosecute his appeal with diligence. R. S'. 1899, secs. 4073, 4074, 4075, 4076; Cabanne v. Macadaris, 91 Mo. App. 70; Hardison y. Steamboat, 13 Mo. 226. The court exceeded its discretion when, after six months of neglect and at the second term, it set aside the affirmance; and, indeed, had not the authority at all to so condition a judgment at one term that it might set it aside at the next. Hill v. St. Louis, 20 Mo. 584; Carr v. Dowes, 46 Mo. App. 351. (2) A party…
1Opinion of the CourtEllison, J.
This action was begun before a justice of the peace, where plaintiff had judgment and defendant appealed to the circuit court. In the latter court, on April 7, T906, plaintiff filed a motion to affirm the judgment of the justice for the reason that defendant had not paid a filing or docket fee to the clerk and therefore plaintiff, as he states, could not enter his appearance as the case was not docketed. The plaintiff then paid the docket fee himself and filed transcript *458from the justice. The motion to affirm was then sustained. On April 19th defendant filed a motion to set aside the…
2Cases cited2 opinions
- State v. LarewSupreme Court of Missouri · 1905
- Wilson v. DeweeseMissouri Court of Appeals · 1907
3Cited by2 opinions
- Akins v. City of HumansvilleMissouri Court of Appeals · 1908
- Pearson v. O'ConnorMissouri Court of Appeals · 1910