Legal Opinion
Union Savings Ass'n v. Keisker
Missouri Court of Appeals
Decided January 13, 1880PublishedCited by 2 opinions
Appeal from the St. Louis Circuit Court. The court below had no jurisdiction, for the reason that the appeal was taken after the expiration of ten days. —Holt v. 'Varner, 5 Mo. 386 ; Moore v. Minkler, 3 Mo. App. 596 ; Ratchen v. Bonsack, 52 Mo. 431; Wag. Stats. 1872, p. 847, sect. 3. The appeal was properly taken according to law.— Wag. Stats., p. 848, sect. 4; p. 849, sect. 10.
1Opinion of the CourtBakewell, J.
This was an action before a justice of the peace on a promissory note. The appeal from the justice was not taken within ten days. The justice incorporated into his certificate accompanying the transcript the following statement : —
“And I further certify that on Thursday, October 10, 1878, the tenth and last day when an appeal in the above-entitled cause could be taken, James M. Loring, as attorney and agent of the above-named plaintiff, came to my office for the purpose of making an affidavit and giving bond for an appeal in said cause, as I am informed and believe, and that he was informed…
2Cases cited1 opinion
- Cason v. TateSupreme Court of Missouri · 1843
3Cited by2 opinions
- Jester v. McKinneyMissouri Court of Appeals · 1891
- Ranck v. MerrillMissouri Court of Appeals · 1913