Johnson v. St. Louis, Iron Mountain & Southern Railway Co.

The facts of this case, as far as they have any bearing upon the point in controversy, are as follows:

The plaintiff recovered a judgment before a justice against the defendant on August 25, 1891. On the same day the defendant filed its affidavit and bond and appealed to the circuit court. This appeal was returnable to the October term of the court. The justice delivered the transcript in due time to the clerk of said court, without paying the filing fee as provided by section 17 of the act establishing the St. Louis circuit court (R. S. 1889, p. 2148), and the clerk did not docket the case,…