Starr v. Stewart
Supreme Court of Missouri
Error to JVhwton Circuit Court. for plaintiff in error, insisted that the Circuit Court had no power to affirm the judgment of the justice, without a trial de novo. They referred to sec. 13 of the 8th article of the act establishing Justices’ Courts, R. C. p. 670, and section 42 of art. 3 of the act concerning Practice at Law, R. C. 815, and cited Cates & Gay y. JHeerd, 5 Mo.
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Error to JVhwton Circuit Court. for plaintiff in error, insisted that the Circuit Court had no power to affirm the judgment of the justice, without a trial de novo. They referred to sec. 13 of the 8th article of the act establishing Justices’ Courts, R. C. p. 670, and section 42 of art. 3 of the act concerning Practice at Law, R. C. 815, and cited Cates & Gay y. JHeerd, 5 Mo. Rep. 124. If the defendant failed to prosecute his appeal, the plaintiff should have moved to dismiss the appeal or taken judgment by default, and introduced evidence to prove his damages. insisted that the Circuit Court…
1Opinion of the CourtRyland, Judge
From the record and proceedings in this case, in the court below, it appears that some time prior to the May term of the Newton Circuit Court, in the year 1846, the plaintiff, Starr, recovered against the defendant, Stewart, before a justice of the peace in- said county of Newton, a judgment for the sum of $80 and costs. From this judgment an appeal was taken by Stewart to the Newton Circuit Court.
At the May term of said Circuit Court, in 1846, the judgment of the justice of the peace was, by reason of the default of the appellant, affirmed by the Circuit Court. The defendant afterwards filed…
2Cases cited1 opinion
- Cates v. AkerdSupreme Court of Missouri · 1838
3Cited by6 opinions
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Musgrove v. MottSupreme Court of Missouri · 1886
- Priest v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Westpheling v. EnrightSupreme Court of Missouri · 1875
- Milligan v. DunnSupreme Court of Missouri · 1854
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