Nay v. Han. & St. Jo. R. R.
Supreme Court of Missouri
Appeal from Common Pleas Court of Livingston County. I. The court below committed error in affirming the judgment of the Justice. The appellant not having been notified of the appeal, and not having entered its appearance as required by the law, the same should have been continued at the cost of appellee. (Q-en. Stat., p. 725, § 22; 47 Mo., 498.)
1Opinion of the CourtAdams, Judge
This suit was commenced before a Justice of the Peace for *576injuring a steer belonging to plaintiffs. Tbe defendant appeared before tbe Justice, and a continuance of the case was had by agreement of parties, to a subsequent day. • The defendant failed to appear on the day of trial before the Justice, and a verdict and judgment were rendered in favor of plaintiffs. At a subsequent day the defendant filed a motion to set aside the judgment by default and for a new trial, which the Justice overruled, and the defendant appealed to the Common Pleas.
The record shows that the appeal was taken on a day…
2Cases cited4 opinions
- Rowley v. HindsSupreme Court of Missouri · 1872
- Purcell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- McCabe v. LecompteSupreme Court of Missouri · 1851
- Hammerstein v. HaaseSupreme Court of Missouri · 1871
3Cited by11 opinions
- Berry v. Union Trust Co.Supreme Court of Missouri · 1882
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Roll v. CummingsMissouri Court of Appeals · 1906
- Blakely v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Crosby v. ClaryMissouri Court of Appeals · 1891
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