Kraas & Thurman v. Shipp
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) On the hearing of plaintiffs’ motion to dismiss for want of sufficient bond, the court found that defendant’s bond was not sufficient. The appeal should then have been dismissed. R. S. 1889, sec. 6340. The court exceeded its authority in ordering defendant to file any bond and in continuing the cause (especially at plaintiffs’ cost) before its jurisdiction was perfected.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) On the hearing of plaintiffs’ motion to dismiss for want of sufficient bond, the court found that defendant’s bond was not sufficient. The appeal should then have been dismissed. R. S. 1889, sec. 6340. The court exceeded its authority in ordering defendant to file any bond and in continuing the cause (especially at plaintiffs’ cost) before its jurisdiction was perfected. State v. Thompson, 81 Mo. 163; Spencer v. Beasley, 48 Mo. App. 97; Welsh v. Bhj, 55 Mo. App. 599; Greischar é Kepple v. Alexander, 56 Mo. App. 56. (2)…
1Opinion of the CourtGill, J.
Plaintiffs sued the defendant by attachment in a justice’s court. Defendant was a nonresident and no plea in abatement was filed. Trial was had before the justice on the merits, resulting in plaintiffs’ favor, and defendant appealed to the circuit court, where there was a verdict and judgment for defendant, and plaintiffs have brought the ease here.
Justices Courts: appeals: dismissal: jurisdiction. The only matter complained of on this appeal is the action of the circuit court in declining to dismiss defendant’s appeal from the justice. The case was appealed from the justice in May, 1895,…
2Cases cited1 opinion
- Nicholson v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894