Mumma v. Staudte
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. James H. Sloyer, Judge. Statement of case by the court. This suit was instituted before a justice of the peace. The plaintiff obtained judgment in the justice’s court on July 29, 1885. The defendant appealed from said judgment to the circuit court on August 4, 1885. The October term of the circuit court was the return term of the appeal.
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Error to Jackson Circuit Court, Hon. James H. Sloyer, Judge. Statement of case by the court. This suit was instituted before a justice of the peace. The plaintiff obtained judgment in the justice’s court on July 29, 1885. The defendant appealed from said judgment to the circuit court on August 4, 1885. The October term of the circuit court was the return term of the appeal. On the first day of said term the plaintiff and the appellee in the appeal from the justice’s judgment entered his appearance. On the eleventh day of said term of the circuit court the case was called for trial, the…
1Opinion of the CourtHall, J.
Defendant makes the point that the trial court erred in affirming the judgment of the justice of the peace.
In opposition, it is contended by the plaintiff that the defendant, not having made the objection, now presented by him, in his motion to set aside the judgment of affirmance, must be deemed to have waived such objection ; and, in addition thereto, that it does not appear affirmatively from the record that the • circuit court affirmed the judgment of the justice, instead of rendering a judgment of its own after a trial had.
I
It is true that “all exceptions, not brought to the attention of…
2Cases cited10 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Peltz v. EicheleSupreme Court of Missouri · 1876
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Jackson v. MagruderSupreme Court of Missouri · 1872
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