Morgan v. Garretson & Greason Lumber Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) Case number 193 was not triable because there was no notice of appeal and because the appellee had not entered his appearance. R. S. 1899, sec. 4074 and sec. 4075; Hawley v. Railroad, 80 Mo. 540. (2) A party can not split his demand without consent of the debtor. Morrison v. deDonato, 79 Mo.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) Case number 193 was not triable because there was no notice of appeal and because the appellee had not entered his appearance. R. S. 1899, sec. 4074 and sec. 4075; Hawley v. Railroad, 80 Mo. 540. (2) A party can not split his demand without consent of the debtor. Morrison v. deDonato, 79 Mo. App. 643. (3) Timber growing and standing on land is a part of the real estate and must be disposed of by instrument effectual to convey an interest in real estate, and if respondent did not have title to the timber standing upon the land…
1Opinion of the CourtBland, P. J.
It is asserted by appellant in his statement of facts, that respondent had one demand against it; that he split that demand and brought two suits thereon before a justice of the peace, both of which were appealed to the circuit court, where they were docketed as numbers 187 and 193; that no notice of the appeal in case No. 193 had been served on the appellee nor had he entered his appearance to said suit in the circuit court. But that notwithstanding no notice of appeal had been given on the day No. 187 was called for trial, on the suggestion of respondent the two suits, over the objection of…
2Cases cited3 opinions
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Bates v. Scott Bros.Missouri Court of Appeals · 1887
- Pattison v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
3Cited by4 opinions
- Aviation Enterprises, Inc. Ex Rel. Jones v. ClineMissouri Court of Appeals · 1965
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Bartschat v. DowneyMissouri Court of Appeals · 1913
- Esty v. WalkerMissouri Court of Appeals · 1927