Dixon v. Davis
| Decision Date | 10 March 1975 |
| Docket Number | No. 2,No. 58484,58484,2 |
| Parties | Charles L. and Rose E. DIXON, a corporation, Respondent, v. Mary DAVIS, Appellant |
| Court | Missouri Supreme Court |
Harold L. Holliday, Kansas City, for respondent.
James L. Muller, Dennis D. Palmer, The Legal Aid and Defender Society of Greater Kansas City, Inc., Kansas City, for appellant.
STOCKARD, Commissioner.
This is an appeal from a judgment of the Circuit Court of Jackson County sustaining respondent's motion to dismiss appellant's appeal from the judgment of the magistrate court in a landlord-tenant action. The sole basis for the dismissal was that 'the judgment entered * * * by the magistrate court was in a landlord-tenant proceeding authorized by Chapter 535 () (and) no bond was filed with appeal.'
The judgment of the magistrate court was that respondent 'have possession of (the described property) and recover from the (appellant) Mary Davis the sum of $578.53, together with all costs herein.' Notice of appeal to the circuit court was filed the same date, but no bond was or has been filed. Respondent filed a motion to dismiss the appeal, and in answer thereto timely presented the constitutional issues now presented on this appeal.
Section 535.040 provides that in a landlord-tenant action brought pursuant to that chapter, 'upon the return of the summons executed, the magistrate shall proceed to hear the cause without a jury.' If certain facts are found the court 'shall render judgment that the landlord recover the possession of the premises so rented or leased, and also his debt for the amount of the rent then due, with all costs * * *.' It is provided in § 535.110 that appeals shall be allowed from judgments of magistrates, in all cases prosecuted under this chapter, in the manner provided by law for appeals in other civil cases; 'but no appeal shall be allowed the defendant (tenant) unless he give bond, with security sufficient to secure the payment of all damages, costs and rent then due and to accrue, and with condition to stay waste.'
Section 512.180, which pertains to 'appeals in other civil cases,' provides that any person aggrieved by any judgment rendered by a magistrate court, except a judgment by consent, may, in person or by his agent, appeal therefrom, unless otherwise provided by law, to the circuit court of the same county where the judgment was rendered. In § 512.190 it is provided that a party or his agent may appeal from a judgment by a magistrate court by filing notice of appeal within ten days after the judgment is rendered 'but no appeal shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties, * * * enter into a recognizance before the magistrate to the adverse party, in a sum sufficient to secure the payment of such judgment and the costs, * * *.' It thus appears that a person may appeal to the circuit court from an adverse judgment entered pursuant to Chapter 512 without a bond and obtain a ruling on the merits of his appeal, although the failure to put up a bond does not stay execution of the judgment. But a tenant who receives a judgment against him in a magistrate court pursuant to Chapter 535 may not take an appeal and obtain a ruling on the merits of his appeal unless the bond required by § 535.110 be given. The filing of that bond is necessary for the circuit court to obtain jurisdiction of the appeal. Avalon Development Company, Inc. v. American Italian Construction & Development Company, Inc., 437 S.W.2d 702 (Mo.App.1969).
In this case possession of the premises has been surrendered by the tenant.
Appellant contends that the requirement of § 535.110 that a tenant file a prescribed appeal bond in order to vest appellate jurisdiction in the circuit court, before he may obtain a ruling on the...
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Rice v. Lucas
...a person with sufficient money could post bond and remain in possession while litigating on appeal in circuit court. In Dixon v. Davis, 521 S.W.2d 442 (Mo.1975), this court held the bond requirement of sec. 535.110, RSMo 1969, as a prerequisite to circuit court jurisdiction of a tenant's ap......
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Quirk v. Sanders, 44056
...this appeal was to be perfected. See Champlin Petroleum Co. v. Brashears, 592 S.W.2d 545, 546-548 (Mo.App.1979); see also, Dixon v. Davis, 521 S.W.2d 442 (Mo.1975). The present record does not show this ...
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Champlin Petroleum Co. v. Brashears
...States Constitution and Article I, Section 2, of the Missouri Constitution. In support of that contention, defendant cites Dixon v. Davis, 521 S.W.2d 442 (Mo.1975), which he says is "directly analogous to the case at Dixon was a rent and possession case brought under the provisions of Chapt......
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S.L. Motel Enterprises, Inc. v. East Ocean, Inc.
...of the judgment. As such, respondent maintains that this court lacks jurisdiction to hear this appeal. Our Supreme Court in Dixon v. Davis, 521 S.W.2d 442 (Mo.1975), considered the validity of § 535.110 RSMo (1969). That statute had previously been construed as requiring a bond by a tenant ......