Brown v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court.—Hon. N. M. Givan,. Judge. (1) The court erred in dismissing the appeal, and rendering judgment against defendant for costs. R. S., sec. 3039. The affidavit for appeal, filed by defendant, contains every requirement of the statute, and was within ten days after judgment. R. S., sec. 3044. The-motion to dismiss only urged that no affidavit for appeal had been filed. No reason, not specified in the motion, shall be urged in its support.
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Appeal from Cass Circuit Court.—Hon. N. M. Givan,. Judge. (1) The court erred in dismissing the appeal, and rendering judgment against defendant for costs. R. S., sec. 3039. The affidavit for appeal, filed by defendant, contains every requirement of the statute, and was within ten days after judgment. R. S., sec. 3044. The-motion to dismiss only urged that no affidavit for appeal had been filed. No reason, not specified in the motion, shall be urged in its support. (2) The complaint states-no cause of action. The only averments are that defendant was the owner of a railroad. That the…
1Opinion of the Court
Ewing, C.
This ivas a suit before a justice of the peace • to recover damages of defendant for the alleged killing of a brood sow. There was judgment by default before the justice, the defendant failing to appear before said court. There was afterwards an application for an .appeal to the circuit court, which was granted, but before which there was no motion or application before the justice to set aside the default.
This is the only question necessary to be noticed as it is decisive of the case. Revised Statutes, 1879, section 3040, provides that: “But no appeal shall be taken from .a judgment…
2Cases cited4 opinions
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Smith v. St. Louis, Kansas City & Northern, RailroadSupreme Court of Missouri · 1873
- Laughlin v. JanuarySupreme Court of Missouri · 1875
- Kinser v. ShandsSupreme Court of Missouri · 1873
3Cited by3 opinions
- Tackett v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1923
- Downing v. LashotMissouri Court of Appeals · 1919
- W. J. Donnelly Co. v. Fidelity & Casualty Co.Ohio Court of Appeals · 1926