Collier v. Langan & Taylor Storage & Moving Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) It is settled law in this jurisdiction that actual misdescription in a notice of appeal of the cause on appeal or of tlie judgment appealed from is a fatal defect. Tiffin v. Millington, 3 Mo. 418; McGinniss v. Taylor, 22 Mr. App. 513; Hammond v. Kroff, 36 Mo. App. 118; Goal Co. v. Railroad, 48 Mo. App. 578; Drug Co. v. Hill, 61 Mo. App. 680; Stone v. Baer, 82 Mo. App. 339; Cooper v. Northern Acc.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) It is settled law in this jurisdiction that actual misdescription in a notice of appeal of the cause on appeal or of tlie judgment appealed from is a fatal defect. Tiffin v. Millington, 3 Mo. 418; McGinniss v. Taylor, 22 Mr. App. 513; Hammond v. Kroff, 36 Mo. App. 118; Goal Co. v. Railroad, 48 Mo. App. 578; Drug Co. v. Hill, 61 Mo. App. 680; Stone v. Baer, 82 Mo. App. 339; Cooper v. Northern Acc. Co., 117 Mo. App. 423. (2) The Kansas City Court of Appeals and this court have steadily recognized the distinction…
1Opinion of the CourtGoode, J.
The only point for decision in this appeal is whether or not a notice of an appeal by the de*115fendant company (respondent here) from a judgment in favor of plaintiff, rendered by a justice of the peace, was sufficient. The defendant is engaged in the business of moving and storing furniture in the city of St. Louis and was employed by plaintiff, March 31, 1906, to remove certain personal property, chiefly clothing and household furniture, from plaintiff’s residence 4124 Delmar boulevard in the city of St. Louis, to 4236 C'leve land avenue. The property was damaged by a fire while in transit and…
2Cases cited3 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Munroe v. HerringtonMissouri Court of Appeals · 1903
- J. W. Teasdale & Co. v. American Fruit Product Co.Missouri Court of Appeals · 1906
3Cited by3 opinions
- Davenport Vinegar & Pickling Works v. ShelleySupreme Court of Missouri · 1920
- Reinhart Grocery Co. v. RustMissouri Court of Appeals · 1914
- Potts v. NahmMissouri Court of Appeals · 1910