Howell v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. J. C. Lamson, Judge. This was a proceeding brought under and by virtue of sections. 6291 and subsequent sections to revive a judgment before a justice of the peace. Defendant did not appear after citation served upon it to “show cause, if any it had, why the judgment should not be revived. The justice made an entry on his docket reviving said judgment.
Read the full summary
Appeal from the Barry Circuit Court. — Hon. J. C. Lamson, Judge. This was a proceeding brought under and by virtue of sections. 6291 and subsequent sections to revive a judgment before a justice of the peace. Defendant did not appear after citation served upon it to “show cause, if any it had, why the judgment should not be revived. The justice made an entry on his docket reviving said judgment. Defendant filed affidavit and bond for an appeal to circuit court which was by the justice granted. The circuit court on motion of plaintiff dismissed the appeal holding it would not lie in such a…
1Opinion of the CourtBiggs, J.
In a proceeding to revive a judgment before a justice of the peace will an appeal lie to the circuit court ? That is the only question presented by this record. The plaintiff obtained a judgment of revivor before the. justice, the defendant appealed, and on motion of plaintiff the circuit court dismissed the appeal. The defendant has appealed from the order of dismissal.
*262Right of appeal. *261The statute governing appeals in justices of the peace courts reads: “Any person aggrieved by any judgment rendered by a justice of the peace, except a judgment by *262confession, may, in person or by agent, make…
2Cases cited9 opinions
- Humphreys v. LundySupreme Court of Missouri · 1866
- State v. HoeffnerSupreme Court of Missouri · 1894
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Simpson v. WatsonMissouri Court of Appeals · 1884
- Walsh v. BosseMissouri Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.