State ex rel. Shenault v. Hopper
Missouri Court of Appeals
Appeal from the Cooper Circuit Cou/rt. — Hon. D. W. Shackleford, Judge. (1) That there was an appearance in justice’s court by respondent will not be denied. No matters in abatement were set up either orally or in writing. The matter in abatement was waived, and the appearance was necessarily to the merits. Fordycev. Hathorn, 57 Mo. 120; Cannon v. 'McManus, 17 Mo. 345; Little .v.
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Appeal from the Cooper Circuit Cou/rt. — Hon. D. W. Shackleford, Judge. (1) That there was an appearance in justice’s court by respondent will not be denied. No matters in abatement were set up either orally or in writing. The matter in abatement was waived, and the appearance was necessarily to the merits. Fordycev. Hathorn, 57 Mo. 120; Cannon v. 'McManus, 17 Mo. 345; Little .v. Harrington, 71 Mo. 390; Musgrove v. Mott, 90 Mo. 109. (2) A judgment entered upon a verdict of a jury is one which can not be set aside by a justice of the peace. The justice has no authority to grant a new trial…
1Opinion of the CourtSmith, P. J.
This is an action which was brought on an attachment bond. There was a trial and judgment for the relator and the defendants appealed.
Statement r' It appears from the record that the defendant Hopper commenced a suit by attachment against the relator before a justice of the peace. The v property' of the relator — defendant in the attachment — was seized under the writ. It appears from the justice’s docket that there was a general *173appearance by relator to the. action on the return day of the writ. It also further appears that a jury was sworn to try the cause on the merits, after which the…
2Cases cited7 opinions
- Fordyce v. HathornSupreme Court of Missouri · 1874
- Musgrove v. MottSupreme Court of Missouri · 1886
- Weeks v. EtterSupreme Court of Missouri · 1884
- Downing v. GarnerSupreme Court of Missouri · 1827
- Rutherford v. WimSupreme Court of Missouri · 1831
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3Cited by2 opinions
- State ex rel. Schonhorst v. ClineMissouri Court of Appeals · 1900
- Hopper v. HaysMissouri Court of Appeals · 1900