Anheuser-Busch Brewing Ass'n v. Southern Bowling Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel Q. Taylor, Judge. (1)Defendants bad shown all the diligence required and the default not being' chargeable to their want of diligence was good cause for the default and comes within the provisions of the statutes. R. S. 1899, sec. 3382; Hastings v. Hennessy, 52 Mo. App. 177. (2) An appellant will not lose his appeal for a fault due entirely to the neglect of an official. 2 Ency. PI. and Pr., p. 280; 2 Ency.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel Q. Taylor, Judge. (1)Defendants bad shown all the diligence required and the default not being' chargeable to their want of diligence was good cause for the default and comes within the provisions of the statutes. R. S. 1899, sec. 3382; Hastings v. Hennessy, 52 Mo. App. 177. (2) An appellant will not lose his appeal for a fault due entirely to the neglect of an official. 2 Ency. PI. and Pr., p. 280; 2 Ency. PL and Pr., p. 345. And it is immaterial that the clerk did not put his filing mark on. That is merely evidence of filing.…
1Opinion of the CourtBland, P. J.
Action for unlawful detainer, brought before a justice of the peace in the city of St. Louis. The trial before the justice was .held on July 19, 1907, and resulted in a judgment for plaintiff. On July 23d defendant perfected his appeal to the St. Louis Circuit Court, by filing the proper affidavit and bond. The circuit court was in session when the judgment was rendered and continued in session thereafter during the month of July. The transcript of the justice was not filed in the circuit clerk’s office (as shown by the clerk’s file marks) until July 26th, or more than six days after the…
2Cases cited8 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Carter v. TindallMissouri Court of Appeals · 1887
- Hastings v. HennesseyMissouri Court of Appeals · 1892
- Bernicker v. MillerSupreme Court of Missouri · 1866
- Warner v. DonahueMissouri Court of Appeals · 1903
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