Warner v. Donahue
Missouri Court of Appeals
Appeal from St. Louis County .Circuit Court . — Hon. J. W. McElhirmey, Judge. STATEMENT. . The action is unlawful detainer commenced before a justice of tbe peace of St. Louis county. The cause was tried before tbe justice on December 3, 1901. Tbe justice took it under advisement and on the sixth day of December, which was Friday, gave judgment for plaintiff.
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Appeal from St. Louis County .Circuit Court . — Hon. J. W. McElhirmey, Judge. STATEMENT. . The action is unlawful detainer commenced before a justice of tbe peace of St. Louis county. The cause was tried before tbe justice on December 3, 1901. Tbe justice took it under advisement and on the sixth day of December, which was Friday, gave judgment for plaintiff. At 6 or 6:30 o’clock p. m. on the twelfth day of December, defendants filed with the justice their affidavit and recognizance for an appeal and demanded a transcript of the proceedings before the justice. The. justice approved the…
1Opinion of the Court
BLAND,. P. J.
1. Section 3368, of the forcible entry and detainer act (R. S. 1899) allows an appeal to the aggrieved party.
Section 3369, of the act, provides that no appeal *43shall be allowed unless applied for and an affidavit and recognizance filed within ten days after the rendition of the judgment and before the return day of the appeal.
Section 3370, of the act, provides that the return day of the appeal shall if the. judgment is rendered in vacation of the circuit court, be on the first day of the next term thereof, but if the judgment is rendered in term time of the circuit court, the…
2Cases cited7 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Brayman v. WhitcombMassachusetts Supreme Judicial Court · 1883
- Bauer v. CabanneMissouri Court of Appeals · 1881
- Patchin v. BonsackSupreme Court of Missouri · 1873
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3Cited by6 opinions
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- Anheuser-Busch Brewing Ass'n v. Southern Bowling Ass'nMissouri Court of Appeals · 1908
- Crotty v. BrownMissouri Court of Appeals · 1912
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