Moulder v. Anderson
Missouri Court of Appeals
Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. (1) The circuit court of Camden county never had ■any jurisdiction of this case, because no appeal was •ever taken from judgment of justice in favor of defendant Anderson. The transcript shows that no affidavit was filed, hence the justice was not required to grant •an appeal. The transcript does not show that any recognizance was ever filed, hence the justice was not required to grant an appeal.
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Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. (1) The circuit court of Camden county never had ■any jurisdiction of this case, because no appeal was •ever taken from judgment of justice in favor of defendant Anderson. The transcript shows that no affidavit was filed, hence the justice was not required to grant •an appeal. The transcript does not show that any recognizance was ever filed, hence the justice was not required to grant an appeal. The transcript of justice of peace shows that as a matter of fact he did not allow or grant an appeal and should not have granted it.…
1Opinion of the CourtSmith, P. J.
This is an action which was brought before a justice of the peace to recover “$100, for money had andreceived, loaned or paid defendant.” There was a trial anew in the circuit court, where plaintiffs had judgment and defendants appealed.
The principal question arising on the record before us is that of jurisdiction. The defendant’s insistence is that the circuit court did not have jurisdiction of the cause, for the reason that no appeal was taken from the judgment of the justice. This imposes upon us the duty of examining the transcript of the record of the justice. As it is short, we can not…
2Cases cited5 opinions
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Smith v. ChapmanSupreme Court of Missouri · 1879
- Norton v. PorterSupreme Court of Missouri · 1876
- Devore v. StaecklerMissouri Court of Appeals · 1892
- Thomas v. MooreMissouri Court of Appeals · 1891
3Cited by7 opinions
- Hadley v. BerneroMissouri Court of Appeals · 1903
- City of Caruthersville v. BarnettMissouri Court of Appeals · 1910
- Clapper v. BradshawMissouri Court of Appeals · 1912
- Curtis v. TylerCourt of Appeals of Kansas · 1901
- Evans-Smith Drug Co. v. WhiteMissouri Court of Appeals · 1901
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