Legal Opinion

Bensley v. Haeberle

Missouri Court of Appeals

Decided February 9, 1886PublishedCited by 18 opinions

Appeal from the Greene County Circuit Court, M. G. McGregor, Judge. An appeal is exclusively a statutory proceeding; it is unknown to the common law. Being a statutory proceeding it can not be extended beyond the plain import of the statute granting it.

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Appeal from the Greene County Circuit Court, M. G. McGregor, Judge. An appeal is exclusively a statutory proceeding; it is unknown to the common law. Being a statutory proceeding it can not be extended beyond the plain import of the statute granting it. Street v. Francis, 3 Ohio 277; S. P. 14, Mass., 420, 7 Pick. 321. Roberts at the time he left Missouri may have had an intention of returning at some indefinite time in the future ; but if his acts and conduct were inconsistent with the intention to return, he would be considered as d.omiciled in Arkansas. Johnson ¶. Smith, 43 Mo. 501;…

1Opinion of the CourtRombatjee, J.

Two questions are presented by the record: (1) whether the plaintiff’s motion, addressed to the circuit court, to dismiss the defendant’s appeal should have been sustained, and (2) whether the plaintiff’s Malm is barred by the statute of limitations.

The plaintiff exhibited her demand in the probate court of Greene county, and the court allowed it at the July term, 1884. The defendant administrator, within ten days after the adjournment of the July term, filed with the probate judge and ex-officio clerk of the court, an affidavit for appeal.' This affidavit it would seem was mislaid by the…

2Cases cited3 opinions

  1. Johnson v. SmithSupreme Court of Missouri · 1869
  2. St. Louis Bridge & Construction Co. v. Memphis, Carthage & Northwestern RailroadSupreme Court of Missouri · 1880
  3. Venuci v. CademartoriSupreme Court of Missouri · 1875

3Cited by18 opinions

  1. Bennett v. HallSupreme Court of Missouri · 1904
  2. Haver v. BassettMissouri Court of Appeals · 1956
  3. Andrews v. MetznerCalifornia Court of Appeal · 1927
  4. Georgeson v. SteinhoferCalifornia Supreme Court · 1922
  5. Poppa v. PoppaMissouri Court of Appeals · 1962

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