Stavely v. Kunkel
| Decision Date | 31 October 1858 |
| Citation | 27 Mo. 422 |
| Parties | STAVELY, Respondent, v. KUNKEL, Appellant. |
| Court | Missouri Supreme Court |
1. An appeal to the Supreme Court must be made, under the Revised Code of 1855, during the term at which the judgment or decision appealed from is given; it cannot be made before the clerk in vacation. (R. C. 1855, p. 1287, sec. 11.)
Appeal from Hannibal Court of Common Pleas.
Allen, for respondent.
The Revised Statutes of 1855 require an appeal to be made during the term at which the judgment or decision appealed from was given. This provision is to be found in the 11th section of the 13th article of the act to regulate practice in courts of justice. This appeal having been made before the clerk in vacation, must, therefore, be dismissed.
Appeal dismissed.
The other judges concur.
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7 cases
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State ex rel. Title Guaranty & Trust Co. v. Broaddus
... ... Shaw, 51 Mo. 440; Thomas v. Finley, 3 Mo. 288; ... State ex rel. v. Kenchler, 83 Mo. 193; Lengle v ... Smith, 48 Mo. 276; Stavely v. Kunkel, 27 Mo ... 422; Gill v. Scruggs, 79 Mo. 187; State v ... Rhodes, 86 Mo. 635; Guy v. May, 141 Mo. 441; ... Allen v. Britton, ... ...
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State ex rel. Killoran v. Calhoun
...v. Railroad, 83 Mo. 478; State v. Fawcett, 212 Mo. 729; State v. Brown, 206 Mo. 501; Walser v. Leach & Co., 195 Mo.App. 280; Stavely v. Kunkel, 27 Mo. 422; City v. Co., 138 Mo. 347; State ex rel. Smith v. Coleman, 182 Mo.App. 358. REYNOLDS, P. J. Allen and Becker, JJ., concur. OPINION Manda......
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Liddy v. St. Louis R.R. Co.
...review such action on appeal from the judgment at October term, 1866--R. C. 1855. p. 684, § 11; Id. p. 1287, § 11; 8 Mo. 619; 9 Mo. 269; 27 Mo. 422; 13 Mo. 455, & p. 4; 26 Mo. 67; 4 Mo. 456 & 622. II. There having been no motion in arrest of judgment filed in the court below, this court wil......
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Bank of North America v. Fletcher
...taken before the clerk in vacation, after the lapse of the term at which the judgment had been rendered, must be dismissed. Stavely v. Kunkel, 27 Mo. 422. In this case, it appears that the judgment or order was rendered at the February term, 1883, and that the appeal was taken at the April ......
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