Stroeh v. Doggett Dry Goods Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Heney, Judge. (1) The judgment complained of was rendered more than three days after the cause was submitted to the justice for his final decision, and the statute, section 6279, Revised Statutes of 1889, is mandatory, and, therefore, jurisdictional.
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Appeal from the Jackson Circuit Court. — Hon. John W. Heney, Judge. (1) The judgment complained of was rendered more than three days after the cause was submitted to the justice for his final decision, and the statute, section 6279, Revised Statutes of 1889, is mandatory, and, therefore, jurisdictional. The legislature which enacted the statute under consideration evidently regarded it as mandatory in its entirety, and, therefore, they afterward enacted section 6299 of the same chapter. (2) The rendering of a judgment is a judicial act; the entering of the judgment in the justices’ docket is…
1Opinion of the CourtSmith, P. J.
This is an appeal from a decree of the circuit court, denying an injunction prayed for in *107the petition of the plaintiff, and dismissing the plaintiff's said petition.
The plaintiff, in his petition, in substance complained that on the --day of-, 1894, the said defendant company instituted an action at law against him, before J. H. Hawthorne, a justice of the peace in and for Kaw township, in the said county of Jackson, for the sum of $-; that on the twenty-first day of June, 1894, the evidence and argument of counsel having been fully heard by the said.justice in the said cause, the same was…
2Cases cited1 opinion
- Herwick v. Koken Barber Supply Co.Missouri Court of Appeals · 1895
3Cited by3 opinions
- State Ex Rel. M. J. Gorzik Corp. v. MosmanSupreme Court of Missouri · 1958
- State ex rel. M. J. Gorzik Corp. v. MosmanMissouri Court of Appeals · 1957
- Drake v. BagleyMissouri Court of Appeals · 1897