Leeper v. Carter
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The affidavit for appeal failed to state whether it was from the merits or from an order of judgment taxing costs. That statement was necessary in the affidavit in order to confer jurisdiction upon the circuit court. R. S. 1899, sec. 4062; Bader v. Jones, 119 Mo.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The affidavit for appeal failed to state whether it was from the merits or from an order of judgment taxing costs. That statement was necessary in the affidavit in order to confer jurisdiction upon the circuit court. R. S. 1899, sec. 4062; Bader v. Jones, 119 Mo. App. 688. (2) The court erred in overruling plaintiff’s motion to dismiss the appeal and strike the cause from the docket on account of the defective affidavit and this court will reverse the judgment for that reason. Hyatte v. Wheeler, 101 Mo. App. 357; Bader v.…
1Opinion of the CourtGoode, J.
— Plaintiff sued before a justice of the peace for $21, alleged to be a balance due him from defendant on the price of one hundred and forty bushels of corn sold at forty cents a bushel. A counterclaim was preferred in two phases, in as many paragraphs of the answer, and in substance the statements regarding it are these; plaintiff had agreed to sell and deliver to defendant six hundred bushels of corn at defendant’s farm, for forty cents a bushel; pursuant to the contract had delivered one hundred and forty bushels on which defendant had paid $35, but had refused to deliver the remainder,…
2Cases cited4 opinions
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Ivy v. YanceySupreme Court of Missouri · 1895
- Levin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
- Lowry v. PhillipsMissouri Court of Appeals · 1894
3Cited by3 opinions
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Bartschat v. DowneyMissouri Court of Appeals · 1913
- State ex rel. Goodman & Co. v. Circuit CourtMissouri Court of Appeals · 1912