Horn v. Excelsior Springs Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sroyer, Judge. (1) Appellants have followed the proper practice to have the action of the circuit court reviewed. Bank v. Armstrong, 92 Mo. 265; Wolff v. Coffin, 46 Mo. App. 190. The case was triable at the October term, 1891, of the circuit court, the appeal having been taken upon the day when the justice’s judgment was rendered, and more than ten days before the said term began.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Sroyer, Judge. (1) Appellants have followed the proper practice to have the action of the circuit court reviewed. Bank v. Armstrong, 92 Mo. 265; Wolff v. Coffin, 46 Mo. App. 190. The case was triable at the October term, 1891, of the circuit court, the appeal having been taken upon the day when the justice’s judgment was rendered, and more than ten days before the said term began. Revised Statutes, 1889, sec. 6341. The defendant failing to appear to prosecute its appeal, it was the duty of the court to affirm the judgment of the justice,…
1Opinion of the CourtEllison, J.
This action was begun before a justice of the peace before whom plaintiff obtained judgment. Thereupon, defendant, on the same day, and more than ten days before the succeeding term of the circuit court, appealed the case to such court. At the said succeeding term of the circuit court the defendant failed to appear and prosecute his appeal; whereupon, on motion of the plaintiff, the circuit court affirmed the judgment of the justice. Within four days thereafter defendant appeared in the circuit court and filed his motion in arrest of judgment on the ground that the plaintiff’s statement did…
2Cases cited4 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Wolff v. CoffinMissouri Court of Appeals · 1891
- Davis v. MillerMissouri Court of Appeals · 1889
3Cited by7 opinions
- St. Louis World Publishing Co. v. Rialto Grain & Securities Co.Missouri Court of Appeals · 1904
- State v. CharlesSupreme Court of Missouri · 1907
- McElroy v. FordMissouri Court of Appeals · 1899
- Hoelzel v. Kelly and DuffyMissouri Court of Appeals · 1927
- State v. MooreMissouri Court of Appeals · 1894
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