Manion v. State
Supreme Court of Missouri
ERROR to Lafayette Circuit Court. I. The affidavit made before the Justice was good, and sufficient in law to warrant the granting of the appeal. Digest, 1845, p. 674, sec. 15. II. If the affidavit was not sufficient in law, the court erred in refusing the appellant the liber' ty of amending it as he proposed to do.
1Opinion of the CourtScott, J.
Manion was convicted before a justice of the peace of an assault and battery, and fined. . He took an appeal to the Circuit Court from the judgment of the justice. In his affidavit for an appeal he stated that he believed he was “injured” by the judgment of the. justice. The word of the statute is “aggrieved.” For this informality in the affidavit, the appeal was dismissed and a judgment rendered against the appellant and his surety.
It has been frequently held by this Court that it is error to dismiss an *579appeal, and to reverse the judgment of a justice. By dismissing the appeal the court…
2Cited by3 opinions
- DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1894
- Thomas v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1901
- Armstrong v. ArmstrongSupreme Court of Missouri · 1865