McDowell v. Strong
| Citation | 35 Mo. 505 |
| Parties | AUGUSTUS MCDOWELL et al., Respondents, v. NEWTON D. STRONG, Appellant. |
| Decision Date | 31 March 1865 |
| Court | United States State Supreme Court of Missouri |
Appeal from St. Louis Law Commissioner's Court.
C. F. Burnes, for respondents.
L. Eaton, for appellant.
Plaintiff obtained judgment before a justice of the peace, from which defendant appealed to the Law Commissioner's Court of St. Louis county. On the day that the case was set for trial in the Law Commissioner's Court the parties appeared, waived a jury, and consented that the cause should be tried by the court; whereupon plaintiff moved the court to affirm the judgment of the justice, which motion was sustained, and the judgment affirmed. The defendant filed his motions to set aside the judgment and also in arrest, which were overruled, and the case is brought here by appeal.
It was error in the court below to affirm the judgment of the justice. The court should have proceeded to hear, try, and determine the cause anew, without regarding any error, defect, or other imperfection, in the proceedings of the justice. The appellate court can only affirm the judgment when the party appealing fails to prosecute his appeal. (Martin v. White, 11 Mo. 214; Starr v. Stewart, 18 Mo. 410.)
Let the judgment be reversed and the cause remanded.
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Musgrove v. Mott
...Statutes, and under section 1000, the court was authorized to enter up judgment of affirmance. Starr v. Stewart, 18 Mo. 410; McDowell v. Strong, 35 Mo. 505. The here is in effect a judgment of affirmance. Besides all this the suit was upon a note which was a part of the case before the cour......
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Musgrove v. Mott
...3042, Rev. St.; and under section 1000 the court was authorized to enter up judgment of affirmance. Starr v. Stewart, 18 Mo. 410; McDowell v. Strong, 35 Mo. 505. The judgment here is, in effect, a judgment of affirmance. Besides all this, the suit was upon a note, which was a part of the ca......
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Purcell v. Hannibal & St. Joseph R.R. Co.
...provides that if an appeal shall not be duly prosecuted, then judgment of the justice shall be affirmed, does not apply to this case. (35 Mo. 505.) W. H. Sherman, for respondent. It is the duty of the appellant to give notice of appeal, and the statute provides that such notice may be serve......