Wade v. Swope
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The court erred in sustaining the plaintiff’s motion to dismiss the defendant’s appeal. R. S. 1899, sec. 4006. (2) Our present statute is an exact copy of the statute of 1845, except in the statute of Í845, the following provision is contained: “Nothing herein contained shall be construed to extend to confessions of judgments in actions commenced hy process.”
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The court erred in sustaining the plaintiff’s motion to dismiss the defendant’s appeal. R. S. 1899, sec. 4006. (2) Our present statute is an exact copy of the statute of 1845, except in the statute of Í845, the following provision is contained: “Nothing herein contained shall be construed to extend to confessions of judgments in actions commenced hy process.” Statutes of 1845, chap. 93, art. 6, sec. 2. (3) Among the recognized rules of construction of legislative acts are that the courts must give some meaning to the act…
1Opinion of the CourtSmith, P. J.
This case originated before a justice of the peace. From the judgment of the justice an appeal was taken to the circuit court where a motion to dismiss it — the appeal — was sustained on the ground that the judgment was by confession, and therefore no appeal could lie from it. The transcript of the justice’s docket contained the following entry:
“State of Missouri, County of Pettis. J. R. Wade v. Franklin Swope.
“ Civil suit for damages in the court of justice Wheeler, justice of the peace of LaMonte township, Pettis county, Missouri.
“August 5th, 1902. — Now comes the plaintiff J. E. Wade, by…
2Cases cited6 opinions
- Chamberlin v. Mammoth Mining Co.Supreme Court of Missouri · 1854
- Loth v. FaconesowichMissouri Court of Appeals · 1886
- H. S. Burr & Co. v. Frank Mathers & Co.Missouri Court of Appeals · 1892
- Huff v. KnappSupreme Court of Missouri · 1853
- Hunter v. ReinhardSupreme Court of Missouri · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Information Buying Co. v. MillerSupreme Court of Georgia · 1931
- Hancock v. McRobertsMissouri Court of Appeals · 1990
- Hoppenbrock v. DialMissouri Court of Appeals · 1909
- Houchin v. TurnerMissouri Court of Appeals · 1914