J. W. Teasdale & Co. v. American Fruit Product Co.

• Decision Date: 13 November 1906
• Citation: 97 S.W. 655,120 Mo. App. 584
• Court: Missouri Court of Appeals
• Parties: J. W. TEASDALE & CO. v. AMERICAN FRUIT PRODUCT CO.

97 S.W. 655

120 Mo. App. 584

J. W. TEASDALE & CO. v. AMERICAN FRUIT PRODUCT CO.

St. Louis Court of Appeals. Missouri.

November 13, 1906.

JUSTICES OF THE PEACE—APPEAL—NOTICE—MISDESCRIPTION OF PARTY.

A notice of appeal from a justice to the circuit court, though entitled "J. W. Teasdale, Plaintiff," etc., whereas the plaintiff in the action is J. W. Teasdale & Co., a corporation, is sufficient; it designating the justice from whose judgment appeal is taken, and giving date and amount of the judgment, and being addressed "to the above-named plaintiff or its attorneys."

Appeal from St. Louis Circuit Court; Wm. M. Kinsey, Judge.

Action by J. W. Teasdale & Co., a corporation, against the American Fruit Product Company, a corporation. From a judgment for defendant, on appeal by it to the circuit court from a judgment of a justice for plaintiff, plaintiff appeals. Affirmed.

Plaintiff, a corporation, obtained judgment against defendant, another corporation, and defendant appealed to the circuit court, serving on plaintiff the following notice of appeal: "In the Justice Court in and for the Fifth Justice District, City of St. Louis, Missouri. Before A. A. O'Hallaron, Justice. J. W. Teasdale, Plaintiff, v. American Fruit Product Co., Defendant. To the Above-Named Plaintiff or Its Attorneys: You are here-by notified that the undersigned defendant has appealed from a judgment rendered January 25, 1905, in the sum of three hundred ($300.00) dollars, in favor of the plaintiff and against the defendant, and said cause is now removed to the circuit court in and for the city of St. Louis, Missouri, where same is now pending. American Fruit Product Company, Defendant, by P. B. Kennedy, Its Attorney." Plaintiff moved the circuit court to dismiss the appeal on account of the insufficiency of the notice, which motion having been overruled, an exception was saved, and, plaintiff failing to prosecute the action further, it was dismissed, and final judgment entered for defendant. From this judgment the present appeal was taken.

Jos. Wheless, for appellant. P. B. Kennedy, for respondent.

GOODE, J. (after stating the facts).

The notice of appeal is said to have been insufficient to confer jurisdiction on the circuit court, for the reason that the action was by J. W. Teasdale & Co., a corporation, whereas the notice of appeal was entitled in the name of J. W. Teasdale, an individual. But the notice designated the justice of the peace from whose judgment the appeal was...