State ex rel. Wooldridge v. Keuchler
Supreme Court of Missouri
Appeal from Chariton Circuit Court — Hon. G. D. Burgess, Judge. The appeal should not be dismissed. The statutory requirement that an affidavit for an appeal should be filed at the term at which the appeal is taken may be waived by the respondent.
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Appeal from Chariton Circuit Court — Hon. G. D. Burgess, Judge. The appeal should not be dismissed. The statutory requirement that an affidavit for an appeal should be filed at the term at which the appeal is taken may be waived by the respondent. Jacobs v. Morange, 1 Daly 523, 527. The statute governing the filing of bills of exceptions requires them to be filed at the term at which the same are taken “and not after! R. S., sec. 3636. But parties can, by consent, extend the time beyond the term. The same ruling should apply to perfecting an appeal. Pomeroy v. Selmes, 8 Mo. 727; Blankenship…
1Opinion of the CourtNorton, J.
It is provided in section 3712, Rev. Stat., that no appeal shall be allowed, unless: First, it be made during the term at which the judgment or decision appealed from was rendered; and, second, the appellant or his agent shall, during the same term, file in the court his affidavit stating that such appeal is not made for vexation or delay, but because the affiant believes that the appellant is aggrieved by the judgment or decision of the court.
The record in this case shows that no affidavit for appeal -was filed during the term at which the judgment was 'rendered, but the affidavit was filed…
2Cases cited4 opinions
- Lengle v. SmithSupreme Court of Missouri · 1871
- State ex rel. Partridge v. LewisSupreme Court of Missouri · 1879
- J. W. Clelland & Co. v. ShawSupreme Court of Missouri · 1873
- Stavely v. KunkelSupreme Court of Missouri · 1858
3Cited by3 opinions
- Giesing v. SchowengerdtMissouri Court of Appeals · 1887
- State v. RoscoeSupreme Court of Missouri · 1887
- United Iron Works Co. v. Sand Ridge Lead & Zinc Co.Missouri Court of Appeals · 1907