A. A. Cooper Wagon & Buggy Co. v. Cornell
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. B. Gr. Thurman, Judge. (1). The judgment should be affirmed because the abstract fails to show that the proper steps were ever taken for an appeal. And affirmance is the penalty this court has prescribed for such failure. Bank v. Magee, 125 Mo. App. 439; Schnabel v. Thomas, 92 Mo. App. 180. (2) The abstract fails to show that.a certified copy of the judgment appealed from and the order granting the appeal was ever filed in this court.
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Appeal from Barton Circuit Court. — Hon. B. Gr. Thurman, Judge. (1). The judgment should be affirmed because the abstract fails to show that the proper steps were ever taken for an appeal. And affirmance is the penalty this court has prescribed for such failure. Bank v. Magee, 125 Mo. App. 439; Schnabel v. Thomas, 92 Mo. App. 180. (2) The abstract fails to show that.a certified copy of the judgment appealed from and the order granting the appeal was ever filed in this court. This was necessary to confer jurisdiction. Harding v. Bedoll, 202 Mo. 630; Pennowfsky v. Coerver, 205 Mo. 136; Warner…
1Opinion of the CourtEllison, J.
This action is based on two promissory notes. A demurrer was sustained to the petition and plaintiff appealed.
There is no proper or sufficient abstract of the record. Among other defects there is nothing to show that a certified copy of the judgment appealed from and order granting the appeal, was ever filed in this court. [Harding v. Bedoll, 202 Mo. 625, 630; Pennowfsky v. Coerver, 205 Mo. 135.]
Again, it appears that a final judgment was not rendered. The entry is that “Plaintiff refusing to plead further. It is therefore ordered and adjudged that plaintiff take nothing by this suit and that…
2Cases cited9 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Pennowfsky v. CoerverSupreme Court of Missouri · 1907
- Boggess v. CoxSupreme Court of Missouri · 1871
- Moody v. DeutschSupreme Court of Missouri · 1884
- Reesman v. RollinsonMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Case v. SmithMissouri Court of Appeals · 1923
- Tamblyn v. Chicago Lead & Zinc Co.Missouri Court of Appeals · 1912
- First State Bank of Blanchard v. HarmonSupreme Court of Oklahoma · 1920
- Bick v. UmstattdMissouri Court of Appeals · 1909
- Juvenal v. HeimMissouri Court of Appeals · 1944