Deatley v. Potter
Missouri Court of Appeals
Appeal from Yernon Circuit Court, Hon. Charles <0-. Burton, Judge. The case is stated in the opinion. I. The issues in this cause arise out of the action of the circuit court in refusing to sustain the motion for an affirmance of the judgment of the justice of the peace, and in overruling the motion for a new trial. The motion for an affirmance of the judgment of the justice of the peace, as well as that for a new trial, should have been sustained. Bev.
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Appeal from Yernon Circuit Court, Hon. Charles <0-. Burton, Judge. The case is stated in the opinion. I. The issues in this cause arise out of the action of the circuit court in refusing to sustain the motion for an affirmance of the judgment of the justice of the peace, and in overruling the motion for a new trial. The motion for an affirmance of the judgment of the justice of the peace, as well as that for a new trial, should have been sustained. Bev. Stat., p. 511, secs. 3055, 3056, 3057. Section 3057 is a new section, but has been construed by the Supreme Court in the following…
1Opinion of the CourtEllison, J.
This is a suit on an account and originated in a magistrate’s court. Plaintiff obtained judgment in that court,' and defendant, on a day subsequent to that on which the judgment was rendered, appealed to the circuit court, the next sitting of which was more than ten days subsequent to the appeal. No notice of this appeal was given to plaintiffs, but they, nevertheless, entered their appearance on or before the second day of the term, and the cause was continued by the court to the following term. At this latter term, no notice of the appeal being yet given, plaintiffs filed a motion to affirm…
2Cases cited4 opinions
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Dooley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Talbot v. HoreMissouri Court of Appeals · 1885
3Cited by2 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Bartschat v. DowneyMissouri Court of Appeals · 1913