Leonard v. Security Building Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. —Hon. William M. Kinsey, Judge. (1) The plaintiff did not perfect his appeal as required by statute in that he did not give an appeal bond with good and sufficient sureties. R. S. 1909, Sec. 7568. (2) The statute authorizes an appeal to be dismissed on motion of the apellee where an appeal bond is insufficient unless the appellant enters into such a recognizance as he ought to have entered into before the allowance of the appeal.
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Appeal from St. Louis City Circuit Court. —Hon. William M. Kinsey, Judge. (1) The plaintiff did not perfect his appeal as required by statute in that he did not give an appeal bond with good and sufficient sureties. R. S. 1909, Sec. 7568. (2) The statute authorizes an appeal to be dismissed on motion of the apellee where an appeal bond is insufficient unless the appellant enters into such a recognizance as he ought to have entered into before the allowance of the appeal. R. S. 1909, 7580; Pullis v. Pullis, 157 Mo. 565. But it is also provided by Section 7580 that no appeal allowed by a…
1Opinion of the CourtAllen, J.
This action was originally instituted before a justice of the peace, and is for personal injuries alleged to have been suffered by plaintiff through the negligence of the defendant. Upon a trial before the justice, the defendant had judgment, and the plaintiff prosecuted his appeal to the circuit court. Thereafter the defendant moved to dismiss plaintiff’s appeal upon the ground of the insufficiency of the appeal bond given by plaintiff, it being averred that the surety thereon was insolvent. ■ Thereafter, and before the court had acted upon defendant’s motion to dismiss, plaintiff asked…
2Cases cited9 opinions
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Howard v. StrodeMissouri Court of Appeals · 1907
- Burnes v. FuchsMissouri Court of Appeals · 1887
- Lee v. KaiserSupreme Court of Missouri · 1883
- Town of Carrollton v. RhombergSupreme Court of Missouri · 1883
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3Cited by12 opinions
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- Hickerson v. Con Frazier Buick Co.Missouri Court of Appeals · 1953
- Lucedale Commercial Co. v. StrengthMississippi Supreme Court · 1932
- State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
- Goin v. ChuteOregon Supreme Court · 1927
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