Meyer v. Singletary
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon» L. B. Valliant, Judge. The judgment of the justice was void. First. Because no finding was made upon which to base said judgment, as required by the statute. R. S. 1889, sec. 6185; Fulkerson v. Dinkins, 28 Mo. App. 160; Grulath v. Waldstein, 7 Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon» L. B. Valliant, Judge. The judgment of the justice was void. First. Because no finding was made upon which to base said judgment, as required by the statute. R. S. 1889, sec. 6185; Fulkerson v. Dinkins, 28 Mo. App. 160; Grulath v. Waldstein, 7 Mo. App. 66; Beemis v. Wylie, 19 Wis. 318; Patterson v. U. S., 2 Wheat. 221; Heeron v. Beckwith, 1 Wis. 17; Bates v. Wilbur, 10 Wis. 415; Mercer v. James, 6 Neb. 406; Marchette v. Wauless, 1 Col. 225. Second. Because said judgment fails to describe or ascertain the property, possession of which is…
1Opinion of the Court
Biggs, J. —
This ease is before us on the record proper, there being no bill of exceptions. It is an action of replevin without bond. After reciting the appearances of the parties, the judgment of the justice of the peace concluded as follows:
“The justice having heard the evidence and arguments doth adjudge that the plaintiff recover of the defendants the possession of the property as in the writ described ($100) for his damages and the costs of the suit herein expended.” The defendant appealed to the circuit court, where the judgment of the justice was affirmed for want of prosecution. The…
2Cases cited3 opinions
- State v. GeigerMissouri Court of Appeals · 1891
- Robbins v. FosterMissouri Court of Appeals · 1886
- Endicott v. HallMissouri Court of Appeals · 1895