Mississippi Valley Trust Co. v. Somerville
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) In an appeal, the judgment is superseded and execution stayed from the time that the circuit court fixes the amount of the bond and approves the bond. State ex rel. v. Dillon, 98 Mq. 90; American Brewing Co. v. Talbott, 135 Mo. 170; State ex rel v. Hirzel, 137 Mo. 446; State ex rel. v. Klein, 137 Mo. 673. (2) The statute allows an appeal in every civil cause and prescribes but one form of bond.
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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) In an appeal, the judgment is superseded and execution stayed from the time that the circuit court fixes the amount of the bond and approves the bond. State ex rel. v. Dillon, 98 Mq. 90; American Brewing Co. v. Talbott, 135 Mo. 170; State ex rel v. Hirzel, 137 Mo. 446; State ex rel. v. Klein, 137 Mo. 673. (2) The statute allows an appeal in every civil cause and prescribes but one form of bond. R. S. 1889, secs. 2246 and 2249. The bond, therefore, must be construed by the nature and character of the judgment…
1Opinion of the CourtBiggs, J.
— This is an action of debt on an appeal bond executed by the defendant William Somerville. John R. McDonald was indebted to A. K. Florida in the sum of $3,750, for which he gave his note. To secure the debt McDonald executed a deed of trust on an improved lot situated on Chestnut street in the city of St. Louis. By mistake of the scrivener, who wrote the deed of trust, the note was described therein as $1,350, instead of $3,750. The plaintiff *268herein became the owner and holder of the note. It brought suit to reform and foreclose the deed of trust. McDonald and the defendant Somerville and…
2Cases cited4 opinions
- George v. BischoffIllinois Supreme Court · 1873
- McDonnell v. NicholsonMissouri Court of Appeals · 1896
- Hunt v. HopkinsSupreme Court of Missouri · 1884
- Staley v. HowardMissouri Court of Appeals · 1879
3Cited by1 opinion
- Marean v. StanleySupreme Court of Colorado · 1905