Stanton v. Hanna
Missouri Court of Appeals
Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. The record shows that the respondents appeared to the suit and a petition for review cannot be sustained in any cáse where the defendant appeared, either in person or by attorney, no matter what may be the merits of his defense. Campbell v. Carton, 29 Mo. 343; Tennison v. Tennison, 49 Mo. 110; State ex rel. Pemiscot Co. v. Scott, 104 Mo. 26; Curtiss v. Bell, 131 Mo. App. 245; Warren v. Railroad, 122 Mo.
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Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. The record shows that the respondents appeared to the suit and a petition for review cannot be sustained in any cáse where the defendant appeared, either in person or by attorney, no matter what may be the merits of his defense. Campbell v. Carton, 29 Mo. 343; Tennison v. Tennison, 49 Mo. 110; State ex rel. Pemiscot Co. v. Scott, 104 Mo. 26; Curtiss v. Bell, 131 Mo. App. 245; Warren v. Railroad, 122 Mo. App. 254. The service of notice of an appeal from the justice court is as essential as the service of summons in the…
1Dissent
DISSENTING OPINION.
STURGIS, J.
This case raises a question of great importance to the bench and bar of this State. The judgment of the trial court was set aside on a petition for review under the provisions of section 2101-2104, Revised Statutes 1909, filed after the term at which the judgment was entered. My associates hold that an appeal does not lie from an order ’ vacating the judgment in this instance and decline to consider the other questions presented. This ruling is claimed to *96be based on tbe decision of tbe Supreme Court in Crossland v. Admire, 118 Mo. 87, 24 S. W. 154, and…
2Cases cited7 opinions
- Ewart v. PenistonSupreme Court of Missouri · 1911
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Crossland v. AdmireSupreme Court of Missouri · 1893
- Miller v. CrawfordMissouri Court of Appeals · 1910
- Billingham v. Miller & Teasdale Commission Co.Missouri Court of Appeals · 1905
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