Evans v. Dyke Automobile Co.
Missouri Court of Appeals
Appeal from St. Louis City . Circuit Court;. — Hon. Moses N. Sale, Judge. (1) There is a distinction between an irregular appeal and no appeal at all; it is only in the latter class of cases that the circuit court acquires no jurisdiction. Curtis v. Tyler, 90 Mo. App. 345; Moulder v. Anderson, 63 Mo. App. 34. (2) The appellee may waive the defect in the appeal, if he choose, and does so by proceeding without objection.
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Appeal from St. Louis City . Circuit Court;. — Hon. Moses N. Sale, Judge. (1) There is a distinction between an irregular appeal and no appeal at all; it is only in the latter class of cases that the circuit court acquires no jurisdiction. Curtis v. Tyler, 90 Mo. App. 345; Moulder v. Anderson, 63 Mo. App. 34. (2) The appellee may waive the defect in the appeal, if he choose, and does so by proceeding without objection. Welsh v. Railroad, 55 Mo>. App. 599; Long Bros. v. Coal Co., 56 Mo. App. 605. (3) A surety’s liability on a recognizance bond or appeal bond is not affected by the failure of…
1Opinion of the CourtGoode, J.
This is a suit for damages for the conversion of an automobile against the Dyke Automo-' bile Supply Company and H. B. Lemon. It was insti*268tuted before a justice of the peace on August 2, 1904, by a statement alleging that on July 6tb of said year, appellant entered into a contract with the automobile company by which it was to take possession of a machine belonging to appellant, exhibit the same and make reasonable efforts to sell it, in consideration of receiving ten per cent of the proceeds of the sale if one was made; that thereafter, pursuant to said contract, the company took possession…
2Cases cited12 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Stone v. HillsSupreme Court of Connecticut · 1877
- Merchants National Bank v. GuilmartinSupreme Court of Georgia · 1892
- Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894
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3Cited by21 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Doran v. ThomsenSupreme Court of New Jersey · 1908
- McNeal v. McKainSupreme Court of Oklahoma · 1912
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