Green v. Castello
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. Hon. William W. Edwards, Judge. As a matter of law the court erred in not dismissing the appeal in each case.
Read the full summary
Appeal from the St. Louis County Circuit Court. Hon. William W. Edwards, Judge. As a matter of law the court erred in not dismissing the appeal in each case. No appeal was ever granted by the probate court until June 2, 1887, nearly one year after the final disposition of cases in that court, and there is no record or evidence to show that any appeal was granted on August 9, 1886, by said court, and the-filing of the appeal bonds on March 1, 1887, did not perfect an appeal, and said court never certified to an appeal having been granted by it, until after the filing of appeal bonds in the…
1Opinion of the CourtRombauer, P. J.
Since filing the opinion, the parties have stipulated herein to the effect that the plaintiffs were authorized to prosecute their suit as poor persons in the probate court. This fact is of no avail to the mover. The question on a motion for rehearing is whether the court rendered a correct judgment on the record then before it, and not whether its judgment is correct on a record subsequently attempted to be made. We may add, however, that leave to prosecute, as a poor person, can in no case dispense with the necessity of giving bond, where the duty of giving bond is statutory. The court…
2Cases cited2 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Jamison v. YatesSupreme Court of Missouri · 1842