Purcell v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Buchanan Court of Common Pleas. I. The court had- no jurisdiction and no right to affirm the judgment of the justice until notice of the appeal was given, or until appellee entered his appearance, and could not render any judgment in the case. (6 Wall. 256.) H. The statute is express that no appeal shall he dismissed for want of notice ; much less could the judgment of the justice be affirmed for want of such notice. (Gen. Stat. 1865, p. 725, §22.) HI.
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Appeal from, Buchanan Court of Common Pleas. I. The court had- no jurisdiction and no right to affirm the judgment of the justice until notice of the appeal was given, or until appellee entered his appearance, and could not render any judgment in the case. (6 Wall. 256.) H. The statute is express that no appeal shall he dismissed for want of notice ; much less could the judgment of the justice be affirmed for want of such notice. (Gen. Stat. 1865, p. 725, §22.) HI. The provisions of our statute concerning appeals, which provides that if an appeal shall not be duly prosecuted, then judgment of…
1Opinion of the CourtBliss, Judge
The defendant appealed from a judgment of a justice of the peace, but failed to notify the plaintiff; and the cause being con*506tinued at the first term of the appellate court, the judgment was affirmed at the next term for want of notice. No notice had ever been given, and there was no appearance by the plaintiff except for the purpose of obtaining an affirmance of the judgment.
The facts of the case are precisely the same as in Rowley v. Hinds, ante, p. 403, where we held that an appearance to obtain an affirmance of the judgment was not such appearance as would waive or imply notice, and that…
2Cited by8 opinions
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- State ex rel. Plummer v. GideonSupreme Court of Missouri · 1893
- Nay v. Han. & St. Jo. R. R.Supreme Court of Missouri · 1873
- Crosby v. ClaryMissouri Court of Appeals · 1891
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