Skidmore v. Hull
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. We take the position that although no affidavit in appeal had in the first instance been filed, it was a failure to prosecute the appeal and a breach of the condition of the appeal-bond, for the defendant Wm. Hull, when the motion to dismiss his appeal was pending, not to have then filed his affidavit, because had he then filed it the appeal could not have been dismissed.
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Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. We take the position that although no affidavit in appeal had in the first instance been filed, it was a failure to prosecute the appeal and a breach of the condition of the appeal-bond, for the defendant Wm. Hull, when the motion to dismiss his appeal was pending, not to have then filed his affidavit, because had he then filed it the appeal could not have been dismissed. R. S., 1879, sec. 3053. It was the duty of the defendant Wm. Hull to have filed the affidavit; the appeal was granted and if the appellate court acquired…
1Opinion of the CourtPeers, J.
This suit originated before a justice of the peace in Scotland county, Missouri, and is an action on an appeal-bond. The record discloses the following facts : On the twenty-first day of December, 1886, the plaintiff herein filed for suit, before a justice of the peace, an account against the defendant Wm. Hull, for medical services rendered, in the sum of $33.30. On the hearing, plaintiff had judgment, and in due time the defendants filed affidavit and bond praying an appeal to the circuit «court, which was allowed by the justice. In taking the affidavit for appeal the justice failed to…
Also in this document: Concurrence.
2Cited by4 opinions
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