Breeding v. Nelson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon, Geo, H. Shields, Judge. (1) An appeal from the judgment of a justice of the peace by tbe defendant does not vacate tbe judgment, but suspends its effect for tbe time being. The dismissal of bis appeal by tbe defendant reinstates tbe judgment of tbe justice.
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Appeal from St. Louis City Circuit Court. — Hon, Geo, H. Shields, Judge. (1) An appeal from the judgment of a justice of the peace by tbe defendant does not vacate tbe judgment, but suspends its effect for tbe time being. The dismissal of bis appeal by tbe defendant reinstates tbe judgment of tbe justice. Tbe defendant may dismiss bis appeal against tbe protest of tbe plaintiff and without bis consent and when tbe appeal is dismissed tbe circuit court bas no further jurisdiction in tbe matter. Piel v. Finck, 19 Mo. App. 338; Jones v. Pbaris, 59 Mo. App. 254; Pullis v. Iron Co., 157 Mo. 565;…
1Opinion of the CourtGoode, J.
(after stating the facts). — As defendant, who appealed from the justice of the peace, was in possession of the property, he had no absolute right to dismiss his appeal and thereby escape an order for a return of the property or judgment against him and his sureties on the appeal bond. [Munley v. King, 40 Mo. App. 531.] It is a sound proposition of law, as contended by defendant’s counsel, that when final judgment is entered in a cause: at one term, it cannot be altered or modified at the succeeding term. But this rule is subject to the qualification that if a motion to modify is filed at the…
2Cases cited4 opinions
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Lane v. DowdSupreme Court of Missouri · 1903
- Thurman v. JamesSupreme Court of Missouri · 1871
- Munley v. KingMissouri Court of Appeals · 1890
3Cited by1 opinion
- Meyer v. MeyerMissouri Court of Appeals · 1911