103 Mo. App. 47 | Mo. Ct. App. | 1903
Lead Opinion
— On April 15,1902, a judgment in a suit of unlawful detainer was rendered by Justice E. B. Haughton, in the city of St. Louis in favor of plaintiff
Section 3370, 'article 2, chapter 29, Revised Statutes-1899, of' the forcible entry and detainer acts, provides-that appeals from the justice’s court to the circuit court shall be returnable, if the judgment is rendered in vacation of the circuit court, to the first day of the -next term thereof; but if the judgment of' the justice be rendered during the term of the circuit court, the appeal shall be returnable within six days after the rendition of the judgment.
Section 3384 of the act provides that, if the transcript from the justice, is filed in term, time, the cause shall be set for trial on some day during such term,, unless for good cause shown the court shall otherwise direct.
Section 3366 of the act provides that when a cause-shall be taken to the circuit court under the provisions of this article, notice thereof shall be given as of appeals from justices,’ courts.
Prior to the revision of 1889, no notice of an appeal from the judgment of a', justice in an unlawful de
The judgment is for the right party and is affirmed.
Concurrence Opinion
(conchrring). — In this case the appeal was taken from the judgment of a justice of the peace during the April term, 1902, of the circuit court, to which, under the statutes, the appeal was returnable. That term passed, as did likewise the June and December terms of the circuit court, and the February term convened; meanwhile no notice of appeal had been given by the appellant.
The majority of the court deem it unnecessary to decide what the effect of section 3366, of the Devised Statutes of 1899, is as to requiring notice of appeal to be given during the term of the circuit court at which the appeal is returnable, if taken while the circuit court is in session. The general purpose of the statutes in regard to forcible entry and detainer and unlawful detainer actions is to expedite their determination as much as possible, and in pursuance of this policy, an appeal taken from the justice’s judgment during a term of the circuit court to which the appeal lies, is made returnable to that term. Whether it is necessary to give notice at that term by virtue of the new enactment (section 3366, supra) is a point which does not necessarily arise