Ranck v. Merrill
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) Error was committed when defendant’s appeal from justice court was dismissed. Was the appeal from justice court allowed? The court committed error in holding that it was not. See. 7912, R. S. 1909; sec. 7579, R. S. 1909; Drake v. Gorrell, 127 Mo. App. 636; Bader v. Jones, 119 Mo. App. 685; Lewellyn v. Lewellyn, 87 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thos. J. Seehorn, Judge. (1) Error was committed when defendant’s appeal from justice court was dismissed. Was the appeal from justice court allowed? The court committed error in holding that it was not. See. 7912, R. S. 1909; sec. 7579, R. S. 1909; Drake v. Gorrell, 127 Mo. App. 636; Bader v. Jones, 119 Mo. App. 685; Lewellyn v. Lewellyn, 87 Mo. App. 9. (2) Amended affidavit and recognizance should have been received and the court committed error in not receiving them. Sees. 7912, 7568, 7569, 7570, 7580, 7720, 7721, R. S. 1909; Kellog v. Linger, 60…
1Opinion of the CourtTrimble, J.
Tbis suit was brought in a justice court under tbe Landlord and Tenant Act, for tbe possession of certain hotel property in Kansas City, Missouri. Tbe justice rendered judgment for plaintiff on February 21, 1912.
On February 26, 1912, defendant filed a bond for appeal conditioned as required in ordinary eases, but not as required by section 7912, Revised Statute 1909, of tbe Landlord and Tenant Act. There was no affidavit filed. A blank form of affidavit accompanied tbe bond, but as no oath was taken or administered by any one, tbis blank form was not an affidavit under tbe definition given in…
2Cases cited6 opinions
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- Kelm v. HunklerMissouri Court of Appeals · 1892
- Moulder v. AndersonMissouri Court of Appeals · 1895
- Clapper v. BradshawMissouri Court of Appeals · 1912
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