Henry v. Lansdown

Missouri Court of Appeals

Henry v. Lansdown

42 Mo. App. 431, 1890 Mo. App. LEXIS 397

DecidedDecember 1, 1890

StatusPublished

This text of 42 Mo. App. 431 (Henry v. Lansdown) 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

Henry v. Lansdown, 42 Mo. App. 431, 1890 Mo. App. LEXIS 397 (Mo. Ct. App. 1890).

Pincite

Opinion

Ellison, J.

We are asked to decide in this cause whether it be a necessary prerequisite to an appeal from the justice of the peace in forcible entry and detainer that the losing party should ask for a new trial under section 2442, Revised Statutes, 1879. We answer that it is not, The failure to ask for a new trial certainly should not be held to debar the circuit court of jurisdiction of the cause on appeal. The section relating to default, section 3040, is wholly unlike the statute here considered. The judgment is affirmed.

All concur.

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Ellison, J.

We are asked to decide in this cause whether it be a necessary prerequisite to an appeal from the justice of the peace in forcible entry and detainer that the losing party should ask for a new trial under section 2442, Revised Statutes, 1879. We answer that it is not, The failure to ask for a new trial certainly should not be held to debar the circuit court of jurisdiction of the cause on appeal. The section relating to default, section 3040, is wholly unlike the statute here considered. The judgment is affirmed.

All concur.

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Bluebook (online)

42 Mo. App. 431, 1890 Mo. App. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-lansdown-moctapp-1890.