Davenport Vinegar & Pickling Works v. Shelley
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Hon. W. M. Kinsey, Judge. (1) Tlie notice of appeal in issue in this case is sufficient. Grocery Company v. Rust, 185 Mo. App. 279; Collier v. Langan & Taylor,, 128 Mo. App. 113; Thiel Co. v. Reynolds, 184 S. "Wi 1178; Holschen Coal Co. v. Mo. Pac. Ry. Co., 48 Mo.
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Appeal from St. Louis City Circuit Court — Hon. W. M. Kinsey, Judge. (1) Tlie notice of appeal in issue in this case is sufficient. Grocery Company v. Rust, 185 Mo. App. 279; Collier v. Langan & Taylor,, 128 Mo. App. 113; Thiel Co. v. Reynolds, 184 S. "Wi 1178; Holschen Coal Co. v. Mo. Pac. Ry. Co., 48 Mo. App. 578. (2) The only purpose of a notice of appeal is to notify the adverse party that an appeal lias been taken; and if, by a fair and reasonable interpretation of the notice, it informs the other party that an appeal has been taken, it is sufficient. See cases-, supra. (3) Any…
1Opinion of the Court
The plaintiff in this case obtained judgment before a justice of the peace. An appeal was taken to the circuit court, where the judgment was affirmed for alleged want of notice of appeal. The defendant appealed to the St. Louis Court of Appeals where the judgment of the circuit court was affirmed; ALLEN, J., dissenting, certified the case to this court, deeming the decision in conflict with other decisions of that court and of the Springfield Court of Appeals.
The only question for determination here is whether a sufficient notice of appeal from the justice's court was served. The judgment was…
2Cases cited4 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Munroe v. HerringtonMissouri Court of Appeals · 1903
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1907
- Reinhart Grocery Co. v. RustMissouri Court of Appeals · 1914
3Cited by10 opinions
- City of Lake Winnebago v. SharpSupreme Court of Missouri · 1983
- Preston Plumbing Inc. v. MelmanMissouri Court of Appeals · 1975
- Cox Standard Station, Inc. v. TaylorMissouri Court of Appeals · 1984
- Rainey v. Reorganized Church of Jesus Christ, the Latter Day SaintsMissouri Court of Appeals · 1921
- Rickermann Auto Body, Inc. v. LaughlinMissouri Court of Appeals · 1975
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