Keary v. Baker
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment brought by the appellant against Baker and others, tenants of Aloys Soderer, (who on motion was made co-defendant,) for a lot of ground on Franklin avenue, in the city of St. Louis.
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Appeal from St. Louis Land Court. This was an action of ejectment brought by the appellant against Baker and others, tenants of Aloys Soderer, (who on motion was made co-defendant,) for a lot of ground on Franklin avenue, in the city of St. Louis. The plaintiff offered in evidence the record of the proceedings and judgment both of the Land Court and the justice of the peace, in a certain action of unlawful detainer instituted by one William Fulton against Jacob Halter, wherein Fulton, on the 21sfc day of August, 1856, obtained judgment. The defendant Halter duly and regularly appealed to the…
1Opinion of the CourtBates, Judge
The judgment rendered against Soderer, the security of Halter in his appeal, is void, because the. court had not jurisdiction of him to render judgment against him upon a dismissal of the appeal.
He was liable for the costs, but not liable to have judgment for the costs rendered against him summarily upon the dismissal of the appeal.
The statute regulating actions of forcible entry and detainer, and unlawful detainer, prescribes what shall be the bond of recognizance given by an appellant, but does not give the court any authority to enter judgment against the security for costs upon a…
2Cited by11 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Hulett v. NugentSupreme Court of Missouri · 1879
- Roberts v. LynchMissouri Court of Appeals · 1884
- Powell v. CampSupreme Court of Missouri · 1875
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