School Dist. No. 24 v. Mease, 6619.
| Decision Date | 15 March 1946 |
| Docket Number | No. 6619.,6619. |
| Citation | 193 S.W.2d 513 |
| Parties | SCHOOL DIST. NO. 24 v. MEASE. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Stone County; Tom R. Moore, Judge.
Action in ejectment by School District No. 24 against Frank I. Mease. From a judgment for the plaintiff, the defendant appeals.
Appeal dismissed.
G. Purd Hays, of Ozark, for appellant.
Rufe Scott, of Galena, for respondent.
For convenience respondent will be referred to as plaintiff and appellant as defendant.
This is an action in ejectment filed by plaintiff in the Circuit Court of Stone County against defendant to recover the possession of a certain school house and five acres of ground upon which it is located, same being used by the district for public school purposes. The judgment was for plaintiff and defendant appeals.
At the very threshold we are confronted with the fact, as disclosed by the record, that notice of appeal from the verdict and judgment entered in this cause was given on the 20th day of June, 1945, and the transcript was not filed in this court until November 10, 1945.
The general code of civil procedure, Section 137, page 394, Laws of Missouri, 1943, is in part as follows:
Section 138 of said code reads as follows:
Sub-section (b), Section 6, page 358, Laws of Missouri, 1943, is in part as follows:
"(b) When by this code or by a notice given thereunder or by order of the court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (1) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order * * *." Mo. R.S.A. § 847.6(b).
It will be observed from the record that more than 90 days had elapsed from the date of the filing of defendant's notice of appeal until the date of the filing of the transcript in this court, the 10th day of November, 1945. No request for an...
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Gaddy v. State Bd. of Registration for Healing Arts
...v. Frye's Estate, Mo.App., 319 S.W.2d 685, 687(7). In these circumstances, the appeal properly might be dismissed. School Dist. No. 24 v. Mease, Mo.App., 193 S.W.2d 513. However, the spirit of our rules of procedure, which finds expression in Rule 83.24, is that they should be construed lib......
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City of Rolla v. Riden
...Heard v. Frye's Estate, Mo.App., 319 S.W.2d 685, 687(7). Under these circumstances, the appeal might be dismissed. School Dist. No. 24 v. Mease, Mo.App., 193 S.W.2d 513. However, the spirit of our rules of procedure, which finds expression in Rule 83.24, is that they should be construed lib......
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School Dist. No. 24 v. Mease, 6679.
...defendant appealed to this court. This appeal was dismissed for failure to comply with the statutes and rules. See School District No. 24 v. Mease, Mo.App., 193 S.W.2d 513. On the 22nd day of November, 1946, the attorney for the defendant (appellant) withdrew, by the consent of this court, ......
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