Horton v. Kansas City, Fort Scott & Gulf Railroad
Missouri Court of Appeals
Appeal from Barton Circuit Court, Hon. Charles G. Burton, Judge. The case is stated in the opinion. 1. There are but two points to be considered in this case.
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Appeal from Barton Circuit Court, Hon. Charles G. Burton, Judge. The case is stated in the opinion. 1. There are but two points to be considered in this case. (1) Can the return of the sheriff made on the notice of appeal be impeached, as was done in the court below? That the return of an officer of the service of process is conclusive between the parties to the suit, is so well established by repeated decisions of the supreme court of this state, that the question is no longer debatable, and it would seem that a citation of these decisions, to-wit, Hallowell v. Page (24 Mo. 590); Page v.…
1Opinion of the CourtPhilips, P. J.
This action arose in a justice’s court. The plaintiff had judgment, from which the defendant took an appeal, in vacation, within ten days after the rendition of judgment. In such case it is made the duty of the appellant to serve notice on the appellee of the taking of such appeal. And if such notice be not given, within ten days next before the commencement-*354of the second term of the appellate court, the judgment of the justice shall be affirmed by the appellate court on the motion of the appellee. At such second term the appellee made such motion. In opposition thereto the appellant offered,…
2Cases cited3 opinions
- Hallowell v. PageSupreme Court of Missouri · 1857
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Cooksey v. Kansas City, St. Jo. & Council Bluffs R. R.Missouri Court of Appeals · 1885
3Cited by8 opinions
- Haggerty v. Sherburne Mercantile Co.Montana Supreme Court · 1947
- State Ex Rel. Dresden v. District Court of Second Judicial Dist. Ex Rel. Bernalillo CountyNew Mexico Supreme Court · 1941
- Thomas v. MooreMissouri Court of Appeals · 1891
- Wolff v. CoffinMissouri Court of Appeals · 1891
- Haag v. WardMissouri Court of Appeals · 1901
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