Bailey v. Lubke
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. cited; Knapp v. /Skeele, 31 Mo. 434; Taylor v. McKnight, 1 Mo. 120; Lester v. Garland, 15 Ves. Ch. 257; Bigelow v. Wilson, 1 Pick. 485 ; Lubbock v. Gook, 49 Texas, 96. cited : The State ex rel. v. Gasconade County, 33 Mo. 102; Chiles v. Smith, 13 B. Mon. 460 ; Brown v. Bazan, 24 Ind. 194; Hahn v. Dierkes, 37 Mo. 575 ; Reynolds v. Railroad Co., 64 Mo. 70 ; Harbison v. Steamboat, 13 Mo. 226.
1Opinion of the CourtBakewell, J.
On May 24, 1878, an appeal was taken from judgment of the justice. The next term of the Circuit Court was the first' Monday of June, which was the third day of that month. On the 19th of June, plaintiff filed a motion to affirm, because appellants had failed to pay the jury-fee and to prosecute their appeal according to law. The respondent having, on the last-named day, paid the fee and filed the transcript, the court sustained the motion and affirmed the judgment.
If one who appeals from the judgment of a justice in St. •Louis fails to pay the jury-fee, as required by the act of January 29,…
2Cases cited4 opinions
- Arnold and Others v. The United StatesSupreme Court of the United States · 1815
- Kimm v. Osgood's AdministratorSupreme Court of Missouri · 1853
- State ex rel. Reitemeyer v. Gasconade County CourtSupreme Court of Missouri · 1862
- Hardison v. Steamboat Cumberland ValleySupreme Court of Missouri · 1850
3Cited by3 opinions
- Vastine v. BaileyMissouri Court of Appeals · 1891
- Dalton v. McCafferyMissouri Court of Appeals · 1885
- Lieberman v. FindleyMissouri Court of Appeals · 1900