McAnaw v. Matthis
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The circuit court has power to dismiss an appeal from a justice of the peace. Spencer v. Beasley, 48 Mo. App. 97; Brown v. Railroad, 85 Mo. 123; St. Louis v. Bird, 31 Mo. 88; State v. Thompson, 81 Mo. 163; Barnes v. Holland, 3 Mo. 47; Runkle v. Hogan, 3 Mo. 234; Mariam v. State, 11 Mo. 578. Am. and Eng.
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Appeal from Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The circuit court has power to dismiss an appeal from a justice of the peace. Spencer v. Beasley, 48 Mo. App. 97; Brown v. Railroad, 85 Mo. 123; St. Louis v. Bird, 31 Mo. 88; State v. Thompson, 81 Mo. 163; Barnes v. Holland, 3 Mo. 47; Runkle v. Hogan, 3 Mo. 234; Mariam v. State, 11 Mo. 578. Am. and Eng. Encyclopedia of Law, title, .Justice of the Peace, K. 18. (2) Dismissal of appeal leaves judgment of justice in force to be satisfied as though no appeal had been taken. Creen v. Castello, 35 Mo. App. 127; Tar-water v. Long,…
1Opinion of the CourtBarclay, J.
This appeal is designed to review certain proceedings of the Clinton circuit court, by which the latter set aside a sale of real estate to the plaintiff. The sale 'was made upon execution issued from the circuit court on a transcript of a judgment given by a justice of the peace.
The facts out of which the controversy grows are as follows:
December 22, 1891, plaintiff, Mr. McAnaw, obtained a judgment for $217 against defendant, Mr. Matthis, upon an account. The judgment was duly rendered by a justice of the peace in Clinton county, after a jury trial in which both parties participated. The…
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