Kinser v. Shands
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Barns vs. Webster, 16 Mo., 330; Williams vs. Coleman, 51 Mo., 21. The defense is founded on the defendants’ own omission, and is contrary to a fundamental principle, that no man shall take ad vantage of his own wrongi Brooms Leg. Max. 5th Am. Ed. side page 285. The act of the justice, in granting an appeal was entirely without warrant of law, and void, and there is no consideration for the bond : in .any such case, it is void.
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Appeal from St. Louis Circuit Court. Barns vs. Webster, 16 Mo., 330; Williams vs. Coleman, 51 Mo., 21. The defense is founded on the defendants’ own omission, and is contrary to a fundamental principle, that no man shall take ad vantage of his own wrongi Brooms Leg. Max. 5th Am. Ed. side page 285. The act of the justice, in granting an appeal was entirely without warrant of law, and void, and there is no consideration for the bond : in .any such case, it is void. A recognizance for an appeal from the judgment of a justice of the peace is void if not entered into in the time and manner…
1Opinion of the CourtAdams, Judge
This was an action on three appeal bonds, which had been given before a justice of the peace. Judgments by default had been rendered by the justice, and the appeals had been taken from these judgments without first filing motions to set aside the defaults, and these appeals were dismissed by the Circuit Court.
An appeal does not lie from a judgment by default rendered by a justice of the peace, until a motion has been made to set aside and overruled. The proceedings of the justice in taking these bonds, and granting the appeals, ^ere coram nonjudicer and utterly void.
*327The point was ruled by…
2Cited by3 opinions
- Smith v. St. Louis, Kansas City & Northern, RailroadSupreme Court of Missouri · 1873
- Brown v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Graves v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885