Walker v. Carrew

Missouri Court of Appeals

Walker v. Carrew

56 Mo. App. 320, 1894 Mo. App. LEXIS 63

DecidedJanuary 29, 1894

StatusPublished

This text of 56 Mo. App. 320 (Walker v. Carrew) 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

Walker v. Carrew, 56 Mo. App. 320, 1894 Mo. App. LEXIS 63 (Mo. Ct. App. 1894).

Pincite

Opinion

Ellison, J.

— This cause was begun before a justice of the peace where plaintiff had judgment. Defendant appealed to the circuit court, though he did not do so on the day of trial before the justice.

Plaintiff appeared in the circuit court for the purpose of his motion and moved that court to affirm the judgment, for the reason that the appellant had given [322]*322no notice of the appeal as provided by law. This motion was sustained. Defendant seeks to reverse the action of the circuit court by showing that, as a matter of fact, plaintiff and his attorney knew that the appeal had been taken. This will not do; knowledge is not notice. The judgment is affirmed.

All concur.

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Ellison, J.

— This cause was begun before a justice of the peace where plaintiff had judgment. Defendant appealed to the circuit court, though he did not do so on the day of trial before the justice.

Plaintiff appeared in the circuit court for the purpose of his motion and moved that court to affirm the judgment, for the reason that the appellant had given [322]*322no notice of the appeal as provided by law. This motion was sustained. Defendant seeks to reverse the action of the circuit court by showing that, as a matter of fact, plaintiff and his attorney knew that the appeal had been taken. This will not do; knowledge is not notice. The judgment is affirmed.

All concur.

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Bluebook (online)

56 Mo. App. 320, 1894 Mo. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-carrew-moctapp-1894.