Cooper v. Northern Accident Co.

Missouri Court of Appeals

Cooper v. Northern Accident Co.

93 S.W. 871, 117 Mo. App. 423, 1906 Mo. App. LEXIS 78

CourtMissouri Court of Appeals

DecidedMarch 5, 1906

StatusPublished

Cited by7 cases

This text of 93 S.W. 871 (Cooper v. Northern Accident Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. Northern Accident Co., 93 S.W. 871, 117 Mo. App. 423, 1906 Mo. App. LEXIS 78 (Mo. Ct. App. 1906).

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Opinion

ELLISON, J.

This case originated before a justice of the peace, where judgment was rendered for the plaintiff on the 17th day of December, 1903. Defendant appealed to the circuit court and thereafter, in attempting to give to plaintiff the written notice of appeal required by the statute, stated that he appealed from a judgment rendered on the fourteenth of December, 1903. The circuit court dismissed the appeal on, plaintiff’s motion.

[425]*425The St. Louis Court of Appeals, in an opinion by Judge Eombatjer, in a case involving the same defect in the notice of appeal, held it to be insufficient. [Hammond v. Kroff, 36 Mo. App. 118.] In a number of cases involving the sufficiency of notices of appeal, the courts have followed the case of Tiffin v. Millington, 3 Mr. 418. Among them will be found the following: McGinniss v. Taylor, 22 Mo. App. 514; Stone v. Baer, 82 Mo. App. 339; Smith Drug Co. v. Hill, 61 Mo. App. 680; Igo v. Bradford, 110 Mo. App. 670. It is not a question whether the'party to be notified knows that an appeal has been taken. Knowledge is not notice. It was said in State v. Hammond, 92 Mo. App. 231, 236, that the function of such notice was very much the same as an original summons. There is nothing in the point made as to the service of the notice.

The judgment must be affirmed.

All concur.

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ELLISON, J.

This case originated before a justice of the peace, where judgment was rendered for the plaintiff on the 17th day of December, 1903. Defendant appealed to the circuit court and thereafter, in attempting to give to plaintiff the written notice of appeal required by the statute, stated that he appealed from a judgment rendered on the fourteenth of December, 1903. The circuit court dismissed the appeal on, plaintiff’s motion.

[425]*425The St. Louis Court of Appeals, in an opinion by Judge Eombatjer, in a case involving the same defect in the notice of appeal, held it to be insufficient. [Hammond v. Kroff, 36 Mo. App. 118.] In a number of cases involving the sufficiency of notices of appeal, the courts have followed the case of Tiffin v. Millington, 3 Mr. 418. Among them will be found the following: McGinniss v. Taylor, 22 Mo. App. 514; Stone v. Baer, 82 Mo. App. 339; Smith Drug Co. v. Hill, 61 Mo. App. 680; Igo v. Bradford, 110 Mo. App. 670. It is not a question whether the'party to be notified knows that an appeal has been taken. Knowledge is not notice. It was said in State v. Hammond, 92 Mo. App. 231, 236, that the function of such notice was very much the same as an original summons. There is nothing in the point made as to the service of the notice.

The judgment must be affirmed.

All concur.

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93 S.W. 871, 117 Mo. App. 423, 1906 Mo. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-northern-accident-co-moctapp-1906.

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