Holschen Coal Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The notice of appeal in this case is not sufficient. The appellee has not waived the notice by signing its name to the printed indorsement on the back in acknowledging service. Tiffin v. Millington, 3 Mo. 418; Wade on Notice, sec. 1211; McGinnis ?>. Taylor, 22 Mo. App. 513; Hammond v. Hr off, 36 Mo. App. 118 ; Celia v. Schnairs, 42 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The notice of appeal in this case is not sufficient. The appellee has not waived the notice by signing its name to the printed indorsement on the back in acknowledging service. Tiffin v. Millington, 3 Mo. 418; Wade on Notice, sec. 1211; McGinnis ?>. Taylor, 22 Mo. App. 513; Hammond v. Hr off, 36 Mo. App. 118 ; Celia v. Schnairs, 42 Mo. App. 316. Under statutes like ours for taking an appeal, it is not the fact that the party to be notified has actual knowledge of the appeal, but it is the fact that it has been conveyed…
1Opinion of the CourtBiggs, J.
The only question presented by this record is the sufficiency of a notice of an appeal from a judgment rendered by a justice of the peace. The plaintiff had judgment before the magistrate, and, subsequently to the day of trial, but within the time prescribed by law lor taking appeals in such cases, the defendant perfected its appeal, and a transcript of the proceedings was transmitted to the clerk of the circuit court. The judgment was rendered on the fifth day of April, 1890. and ten days before the term of the circuit court succeeding the appeal (he plaintiff V president accepted service of…
2Cases cited4 opinions
- Hammond v. KroffMissouri Court of Appeals · 1889
- McGinniss & Ingels Hardware Co. v. TaylorMissouri Court of Appeals · 1886
- Tiffin v. MillingtonSupreme Court of Missouri · 1834
- Cella v. SchnairsMissouri Court of Appeals · 1890
3Cited by9 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Abbott v. United Railways Co.Missouri Court of Appeals · 1909
- City of Lake Winnebago v. SharpSupreme Court of Missouri · 1983
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
- Rickermann Auto Body, Inc. v. LaughlinMissouri Court of Appeals · 1975
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