Holloman v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. J. L. Thomas, Judge. On an appeal from the justice of the peace to the circuit court, the appearance of the respondent, on the second day of the return term, gives him the right to have the cause tried or continued, but does not entitle Mm to an affirmance for failure to prosecute the appeal, and a judgment of affirmance thus obtained is void. Smith v. Railroad, 20 Mo.
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Appeal from Iron Circuit Court. — Hon. J. L. Thomas, Judge. On an appeal from the justice of the peace to the circuit court, the appearance of the respondent, on the second day of the return term, gives him the right to have the cause tried or continued, but does not entitle Mm to an affirmance for failure to prosecute the appeal, and a judgment of affirmance thus obtained is void. Smith v. Railroad, 20 Mo. App. 689; R. S., secs. 3056, 3057; Berry v. Union Trust Oo., 75 Mo. 430, 433; Snider v. Railroad, 73 Mo. 468.
1Opinion of the CourtBlack, J.
This suit was commenced before a justice of the peace in Iron county to recover damages, under section 809, Revised Statutes, 1879, for stock killed by defendant’s cars. A judgment by default was rendered by the justice, and on the nineteenth of September, 1884, the defendant duly appealed the cause to the circuit court. At the following October term of the circuit court, the plaintiff entered his appearance on or before the second day of that term. The defendant, when the case was called, and after the plaintiff had announced ready for trial, moved the court to dismiss the-suit, because the…
2Cases cited6 opinions
- Berry v. Union Trust Co.Supreme Court of Missouri · 1882
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Starr v. StewartSupreme Court of Missouri · 1853
- Martin v. WhiteSupreme Court of Missouri · 1847
- Milligan v. DunnSupreme Court of Missouri · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Louis World Publishing Co. v. Rialto Grain & Securities Co.Missouri Court of Appeals · 1904
- Horn v. Excelsior Springs Co.Missouri Court of Appeals · 1893
- Roll v. CummingsMissouri Court of Appeals · 1906
- Hoelzel v. Kelly and DuffyMissouri Court of Appeals · 1927
- Williams v. LewisMissouri Court of Appeals · 1892
9 more not listed; retrieve them via the Exa API.