Robinson v. Walker
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. I. The appeal was not taken in time, and is a nullity. (Ber-necker v. Miller, 37 Mo. 498.) II. An appellate court can not get jurisdiction by appearance or consent. ( Latham v. Edgerton, 9 Cow. 227 ; Ex parte Shethar, 4 Cow. 80, 82, 540 ; Gibson v. Lynch, 1 Murphy, N. C., 495.) III. An appeal allowed by a court below, when court has no authority to allow it, is a nullity, and the original judgment remains in full force.
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Appeal from Si. Louis Circuit Court. I. The appeal was not taken in time, and is a nullity. (Ber-necker v. Miller, 37 Mo. 498.) II. An appellate court can not get jurisdiction by appearance or consent. ( Latham v. Edgerton, 9 Cow. 227 ; Ex parte Shethar, 4 Cow. 80, 82, 540 ; Gibson v. Lynch, 1 Murphy, N. C., 495.) III. An appeal allowed by a court below, when court has no authority to allow it, is a nullity, and the original judgment remains in full force. (Campbell v. Howard, 5 Mass. 376; Loveland v. Burton, 2 Verm. 521; Eddy’s case, 6 Cush. 28; Clark v. Conn, 1 Munf., Ky., 160; Tatum v.…
1Opinion of the CourtBliss, Judge
The plaintiff obtained a judgment before a justice of the peace in an action of forcible entry and detainer, and defendant appealed, but it is claimed that his proceedings in perfecting the appeal were irregular. After the case had been brought to the Circuit Court, and the parties had appeared, and the case been twice continued at the instance of the plaintiff, he moves the court to dismiss the appeal for the following irregularities in bringing up the case: Judgment was rendered on the 17th day of January, 1867 ; the affidavit and appeal bond were filed and the appeal granted on the 23d,…
2Cases cited5 opinions
- Latham v. EdgertonNew York Supreme Court · 1828
- Bernicker v. MillerSupreme Court of Missouri · 1866
- Ex parte ShetharNew York Supreme Court · 1825
- James ex rel. Stewart v. RobinsonSupreme Court of Missouri · 1826
- Wightman v. StateOhio Supreme Court · 1841
3Cited by23 opinions
- State ex rel. St. Louis Dressed Beef & Provision Co. v. NixonSupreme Court of Missouri · 1911
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Hadley v. BerneroMissouri Court of Appeals · 1902
- City of St. Louis v. R. J. Gunning Co.Supreme Court of Missouri · 1897
- Ewing v. DonnellyMissouri Court of Appeals · 1885
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