Kehler & Cashman v. Walls
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — How. Joshua W. Alexander, Judge. (1) “A judgment will be affirmed on motion of respondent where appellant having appealed in the circuit court, failed to file in the appellate court at the return term a proper transcript or certificate for review.
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Appeal from Daviess Circuit Court. — How. Joshua W. Alexander, Judge. (1) “A judgment will be affirmed on motion of respondent where appellant having appealed in the circuit court, failed to file in the appellate court at the return term a proper transcript or certificate for review. The fact that appellant has sued out a writ of error and claims to have abandoned the appeal before the motion to affirm was filed, is not a ‘good cause’ for having failed to file the proper papers, to perfect the appeal in due season.” Burdett v. Dale, 95 Mo. App. 509, 511; Ellis v. Wyatt, 10 Mo. App. 580;…
1Opinion of the Court
BROADDUS, P. J. —
On the 24th day of December, 1904, the cause was tried and judgment rendered for *386plaintiffs in the snm of $154. On the same day, defendant filed his affidavit for an apeal and thereupon he was granted an appeal to the Kansas Oity Court of Appeals. The appeal bond was fixed at $400, to be filed within ten days from the adjournment of the court, to be approved by the clerk in vacation.
On the 7th day of October, 1905, he sued out his writ of error in the cause, which was made returnable to March term of this court for the year 1906. On the 2nd day of March, 1906, the respondents…
2Cases cited2 opinions
- Burgess v. O'DonoghueSupreme Court of Missouri · 1886
- Burdett v. DaleMissouri Court of Appeals · 1902