Gibbs v. Missouri Pacific Railway Co.

Even under the old law, it was always held that the effect of an appeal from the judgment of a justice, rendered upon a defective service, was a full appearance and a waiver of all defects in process, or service of process. This appears not only from Ser v. Bobst (8 Mo. 506), but from all the later cases to which appellant calls our attention, especially from Blunt v. Railroad Company (55 Mo. 157). It is true that the supreme court held in some of these cases, and in the case just cited, that appellant might, in the appellate court, by motion, determine the purpose of the appeal; *462and that, if…