Munroe v. Herrington
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Row. Frank B. Dearing, Judge. STATEMENT. The case is here on a full transcript. The abstracts of the record made by defendant (appellant) are somewhat deficient, bnt not so much so as to authorize the court to sustain plaintiff’s motion to dismiss the appeal. The suit was on a promissory note and originated before W. A. Hill, a justice of the peace in Jefferson county, Missouri.
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Appeal from Jefferson Circuit Court. — Row. Frank B. Dearing, Judge. STATEMENT. The case is here on a full transcript. The abstracts of the record made by defendant (appellant) are somewhat deficient, bnt not so much so as to authorize the court to sustain plaintiff’s motion to dismiss the appeal. The suit was on a promissory note and originated before W. A. Hill, a justice of the peace in Jefferson county, Missouri. On the twenty-seventh day of April, 1901, Justice Hill rendered judgment ágainst the defendant by default. On the sixth day of May following, defendant filed with the justice his…
1Opinion of the CourtBland, P. J.
The only question presented by the record for decision is, whether or not the notice of' appeal was sufficient. The statute (section 4074, supra) requires that such notice be in writing “stating-the fact that an appeal has been taken from the judgment therein specified.” The notice given by defendant stated the style of the cause in which the judgment appealed from was rendered and the name of the justice who rendered the judgment. The only defect, if' any, in the notice is an omission to state the date on which the judgment appealed from was rendered. This omission could not have raised a…
2Cited by13 opinions
- Davenport Vinegar & Pickling Works v. ShelleySupreme Court of Missouri · 1920
- Price v. HortonSupreme Court of Florida · 1918
- City of Lake Winnebago v. SharpSupreme Court of Missouri · 1983
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
- Clay v. TurnerMissouri Court of Appeals · 1909
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