Sigaloff v. Independent Breweries Companies
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — 3on. J. Hugo Grimm, Judge. (1) An order affirming a judgment of a lower court without a trial de novo, for mere failure of the appellant to appear can only be based on a statute. State v. McCarthy, 4 R. I. 867; 3 Cyc. 412. 1. There is no statute authorizing such affirmance. Section 4075 of the Revised Statutes 1899, does not apply, because, (a) The defendant gave notice of the appeal.
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Appeal from St. Louis City Circuit Court. — 3on. J. Hugo Grimm, Judge. (1) An order affirming a judgment of a lower court without a trial de novo, for mere failure of the appellant to appear can only be based on a statute. State v. McCarthy, 4 R. I. 867; 3 Cyc. 412. 1. There is no statute authorizing such affirmance. Section 4075 of the Revised Statutes 1899, does not apply, because, (a) The defendant gave notice of the appeal. Holloman v. Railroad, 92 Mo. 286. (b) Plaintiff did not enter his appearance in said cause on or before the 2d day of the term. Mumma v. Staudte, 24 Mo. App. 473;…
1Opinion of the CourtNortoni, J.
The principal question in this case relates to the action of the circuit court in affirming a judgment of a justice of the peace for the failure of appellant to prosecute his appeal theretofore perfected to the circuit court. It appears plaintiff instituted the suit before a justice of the peace and upon the trial recovered judgment against the defendant on March 16, 1909. From this judgment, the defendant perfected an appeal to the circuit court on- March 24, 1909, which Avas more than ten days before the first day of the next, or April term. In due time, the transcript of the justice of the…
2Cases cited10 opinions
- Queen City Furniture & Carpet Co. v. CrawfordSupreme Court of Missouri · 1895
- Pry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Jacob v. McLeanSupreme Court of Missouri · 1856
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3Cited by2 opinions
- Muth Realty Co. v. TimmerbergMissouri Court of Appeals · 1913
- Jones v. National Candy Co.Missouri Court of Appeals · 1915