Cooper v. Northern Accident Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court-. — No». George F. Long an, Judge. (1) The only contention of the respondent is that notice of appeal was not sufficient or is in fact no notice at all, but we contend that said notice wag amply full and sufficient. (2) And it conformed to the following requisites: (a) It was in writing and described the case fully and stated that judgment was rendered against appellant. R. S. 1899, sec. 4074; Tiffin y. Millington, 3 Mo. 418; Fagan y.
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Appeal from Pettis Circuit Court-. — No». George F. Long an, Judge. (1) The only contention of the respondent is that notice of appeal was not sufficient or is in fact no notice at all, but we contend that said notice wag amply full and sufficient. (2) And it conformed to the following requisites: (a) It was in writing and described the case fully and stated that judgment was rendered against appellant. R. S. 1899, sec. 4074; Tiffin y. Millington, 3 Mo. 418; Fagan y. Separator Co., 92 Mo-. App. 236; Celiav. Schnairs, 42 Mo. App. 316. (b) It was signed by the appellant or by his attorneys or…
1Opinion of the CourtEllison, J.
This case originated before a justice of the peace, where judgment was rendered for the plaintiff on the 17th day of December, 1903. Defendant appealed to the circuit court and thereafter, in attempting to give to plaintiff the written notice of appeal required by the statute, stated that he appealed from a judgment rendered on the fourteenth of December, 1903. The circuit court dismissed the appeal on, plaintiff’s motion.
*425The St. Louis Court of Appeals, in an opinion by Judge Eombatjer, in a case involving the same defect in the notice of appeal, held it to be insufficient. [Hammond v. Kroff,…
2Cases cited5 opinions
- Igo v. BradfordMissouri Court of Appeals · 1905
- Hammond v. KroffMissouri Court of Appeals · 1889
- C. D. Smith Drug Co. v. HillMissouri Court of Appeals · 1895
- Stateex rel. Moxley v. HammondMissouri Court of Appeals · 1902
- Stone v. BaerMissouri Court of Appeals · 1900
3Cited by7 opinions
- Drake v. GorrellMissouri Court of Appeals · 1908
- Clay v. TurnerMissouri Court of Appeals · 1909
- Comstock v. Tegarden Packing Co.Missouri Court of Appeals · 1913
- Cowhick v. JacksonMissouri Court of Appeals · 1912
- Lombard v. UrbanMissouri Court of Appeals · 1910
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