Julian v. Rogers
Supreme Court of Missouri
Appeal from, Jasper Circuit Court. —A, L. Thomas, Esq., Special Judge. (1) The statute prescribes the time when and manner of taking an appeal, and granting bond to stay execution. Where the statutory requirements are not complied with, and the bond is not filed within the time prescribed by the statute and approved by the court, it is a nullity.
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Appeal from, Jasper Circuit Court. —A, L. Thomas, Esq., Special Judge. (1) The statute prescribes the time when and manner of taking an appeal, and granting bond to stay execution. Where the statutory requirements are not complied with, and the bond is not filed within the time prescribed by the statute and approved by the court, it is a nullity. Adorns, v. Wilson, 10 Mo. 341; Coder ell v. Owens, 10 Mo. 287; Filley v. Walls, 4 Mo. 271; ParJeer v. II. & St. J. R. R. Co., 44 Mo. 415; Stavely v.JIunlcel, 2.7 Mo. 422; Long v. Dismer, 72 Mo. 655; O'Reilly v. Edrington, 96 U. S. 724; Garrett v.…
1Opinion of the CourtSherwood, J.
Action on what is termed an appeal bond given by Seligman, in his lifetime, and Cassill, one of the present defendants. This bond was given in the case of Bray v. Seligman, 75 Mo. 31. Seligman, the defendant in that case, as well as Bray, the plaintiff therein, died while the appeal taken by Seligman was pending in this court, said appeal being taken from an order of th *232Jasper circuit court, based ou a motion awarding execution against Seligman, as one of th® stockholders in the Memphis, Chattanooga & Northwestern Railroad Company. Plaintiff recovered judgment on the bond, and the defendants…
2Cases cited10 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Garnet v. RodgersSupreme Court of Missouri · 1873
- Adams v. WilsonSupreme Court of Missouri · 1847
- Bray's Administrator v. Seligman's AdministratorSupreme Court of Missouri · 1881
- Cockrill v. OwenSupreme Court of Missouri · 1847
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3Cited by6 opinions
- Colvin v. HauensteinSupreme Court of Missouri · 1892
- State ex rel. Bamberge v. GravesMissouri Court of Appeals · 1910
- Downing v. LashotMissouri Court of Appeals · 1919
- Bank of Monett v. MoulderMissouri Court of Appeals · 1893
- State Ex Rel. Allison v. BufordSupreme Court of Missouri · 1935
1 more not listed; retrieve them via the Exa API.